Archive for September, 2007

September 30, 2007

McKeesport, Pennsylvania

From the Pittsburgh Post-Gazette of September 30, 2007

Intruders shot, one fatally, in McKeesport

Two suspected robbers were shot, one of them fatally, during an apparent home invasion on Grover Street in McKeesport last night, police said.

Police were called at 10:10 p.m. to a home in the 2900 block of Grover, where a resident resisted an apparent robbery.

One suspect was killed, and the other was hospitalized with at least one gunshot wound, police said.

The extent of his injuries was not immediately known.

September 29, 2007

Sierra Vista, Arizona

From Phoenix’ KTAR.com of September 29, 2007

Man Who Shot Teen after Prank Acquitted

A Willcox man who shot and wounded a teenage girl after she and her friends banged on his windows in a late-night prank was acquitted of three felonies, but a jury couldn’t reach a verdict on a fourth charge.

The Cochise County jury found Delbert “Cody” Evans not guilty of aggravated assault using a deadly weapon and endangering Kayla Shores, who was 14 when a bullet fired by Evans hit her in the back in February 2006. She has since recovered. Evans was also cleared of endangering another girl who was with a group of five teens on Evans’ porch.

The jury was unable to reach a verdict on a charge of aggravated assault causing disfigurement. The verdicts came Friday after a three-day trial and eight hours of deliberations.

The teens had gone to Evans’ rural home to get back at him for making a scary prank phone call, testimony showed. He had known Shores for years and they were friends.

Evans, 32, testified he had been threatened by a man over payment for a wood stove and thought he was shooting in self-defense at an assailant.

Prosecutor Vince Festa told jurors that Evans’ actions were unjustified, saying Evans shot at “fleeing shadowy figures” that were not posing a threat.

Defense attorney Chuck Weninger said Evans would not have fired if he knew Shores was there, noting their long friendship.

A 13-person grand jury unanimously refused to indict Evans in 2006, infuriating some in the community, who accused Cochise County Attorney Ed Rheinheimer of bungling the case. A subsequent recall effort failed.

Rheinheimer eventually asked for a preliminary hearing, and a judge ordered Evans to stand trial on the four felony counts.

A hearing to decide if Evans will be retried on the remaining charge was set for Oct. 15.

From the Arizona Range News of October 17, 2007

Court dismisses final charge against Evans

A Cochise County Superior Court judge dismissed an aggravated assault count Monday against a man who shot a teenage Willcox girl in the back last year.

During a jury trial in late September, Delbert “Cody” Evans, 32, was found not guilty of one count of aggravated assault against Kayla Shores using a deadly weapon and not guilty of endangering the lives of Shores and her friend Shelby Fernandez.

The jury did not arrive at a verdict on a felony charge of aggravated assault against Shores by means of force that caused temporary but substantial disfigurement or loss or impairment of a body organ or part. On Feb. 18, 2006, Evans shot then-14-year-old Shores with a handgun after she and four other children had banged on the windows of his rural Willcox home at night in return for his making a scary prank phone call.

During a hearing Monday, Judge Stephen Desens dismissed the aggravated assault disfigurement count at the request of deputy county attorney Vince Festa.

Festa said the County Attorney’s Office decided not to continue to prosecute Evans on the aggravated assault disfigurement count because of the small likelihood of getting a conviction on it.

He pointed out that according to a jury note, the eight-person panel had voted 7 to 1 on Sept. 28 for the acquittal of Evans on that count. Also, he said, during the summer of 2006, a grand jury had voted 13-0 against indicting Evans.

Based on those decisions, he said, it appears the people of Cochise County don’t believe a crime was committed.

Sonny Shores, Kayla’s father, said the outcome of the case is an “injustice.”

“It’s pretty sad that a guy can shoot a girl like that and face no consequences for it,” he said.

He added that he wanted to thank all of the people who have helped support his family.

During the trial, Festa argued that Evans’ actions violated the law. He said a person is allowed to act in self defense while there is apparent danger, but Evans shot at “fleeing shadowy figures” that were not posing a threat.

Defense attorney Chuck Weninger said Evans and Shores had been friends, and he would not have fired at her if he knew she was there. He explained that Evans thought he was shooting at Mark Rupert. He said Evans had been threatened by Rupert because Evans did not pay for a wood stove.

Neither Weninger nor Evans attended Monday’s hearing. Also, both were unable to be reached for comment afterward.

Shores was seriously injured as a result of the shooting. She underwent surgery and was hospitalized for nine days.

She has scars from the wounds, and two bullet fragments remain lodged in her body.

September 29, 2007

Pocatello, Idaho

From Reno’s KRNV.com of August 29, 2007

Marriage of Former Reno Couple Ends in Tragedy

The Bonneville County Sheriff’s Office is investigating a deadly shooting at a home in Swan Valley between a wife and her husband.

Last night, Debra Schultz says she shot her husband once in the chest, claiming it was in self defense. 48-year-old William Schultz died.

Detectives are treating it like a homicide until they get all the facts.

Court and crime specialist Suzanne Hobbs spoke with law enforcement and with the woman who pulled the trigger.

Debra Schultz says throughout her relationship he was physically violent and she never got out, although just last week she did go to a women’s shelter in Driggs for help, and just returned home where she had to fight for her life.

Three months ago, the couple moved from Reno Nevada to Swan Valley. They lived in an apartment just off the Swan Valley Highway above a real estate office.

Tuesday night, Debra says her husband was high on marijuana and drinking. The fight got so bad he grabbed a gun and said he was going to shoot her. She says it was either shoot him or she would be killed.

She even considered jumping out of the second story window, but says William stopped her.

She didn’t want her battered and bruised face to be shown, so when I talked to her, we are showing you her injured leg, hurt as she was running down the stairs last night.

Debra Schultz said, “When he came home last night he told me that he was going to kill me and that was after he beat up my face and he said, “I can’t let you go now because if the cops see this I’m going to go to prison.” And he already has 5 charges in Reno hanging over his head for domestic violence against me.”

Doug Metcalf, Bonneville Co. Sheriff’s Office said, “Right now we are treating it as a homicide and it’ll – we’ll turn it into the prosecutor once we get all the interviews, the evidence from the autopsy and things like that to him, and they’ll make the decision whether it’s homicide or self defense.”

The sheriff’s office says their investigation will take several days. Debra, who is fully cooperating, is already making plans to move back to Reno as soon as she can..

From Idaho Falls’ LocalNews8.com of October 1, 2007

No Charges Filed In Swan Valley Homicide

No charges will be pressed against the woman who shot and killed her husband a month ago in Swan Valley.

Today prosecutor Dane Watkins says that Debra Schultz shot her husband in an act of self defense.

The shooting came after a violent relationship that lasted a year.

According to Schultz, her husband William put her in the hospital multiple times during their courting period and again once they were married.

They were from Reno, Nevada and moved to Idaho to escape the five pending domestic violence charges against William.

Bonneville County Prosecutor Dane Watkins says he is not pressing charges against Schultz because theres evidence to prove she was the victim of domestic violence the night of August 28th.

She had extensive bruising and other injuries. She also says William made threats against her life.

Schultz tells investigators that William went for the gun and came toward her and that’s when she says she got control of the gun and shot him at close range.

Prosecutor Dane Watkins says her story lines up with the evidence.

In an interview less than 24 hours after Schultz shot her husband she said, “He said I’m going to kill you and so I just pulled the trigger, I didn’t know what else to do. It was me or him, he was, I could tell by the look in his eyes I was dead, I was going to be dead.”

Prosecutor Dane Watkins explains his decision, “In order to prove self defense the defendant must believe she was in imminent danger of death or great bodily harm and that action was necessary to save her from harm.”

Watkins says that William Schultz’s family is upset that no one is being held accountable for their son’s death.

The case will remain open with the Bonneville County Sheriffs Office, in the case that more information arises in this case.

Debra Schultz has returned to Nevada where her family lives.

September 29, 2007

Jackson, Mississippi

From Jackson’s WAPT.com of September 28, 2007

Jackson Homeowner Shoots At Would-Be Burglars

Students at McLeod Elementary School were on lockdown Friday afternoon as police searched for two men involved in an attempted home invasion.

Homeowner Fredrico Hamblin said he saw a car in his neighborhood most of the morning, passing in front of his Riverwood Drive house several times.

The two men tried to get into his home through the garage, Hamblin said, so he opened fire, shooting five or six times.

Hamblin said he thinks he hit one of the men. A stray bullet hit a neighbor’s car.

“I was just trying to get them away from my home. I shot five or six times. One of them dove over the car. I think that’s when I shot him,” he said.

Both men ran into a wooded area; police found one of the men about a half-hour later behind the Mississippi Basketball Association Complex.

Police used a helicopter and dogs to search for the other man, and nearby McLeod Elementary was put on lockdown.

A constable arrested another person believed to be the driver for the two men nearby.

Police said Hamblin will not face charges related to this shooting because he was protecting his home.

From the Jackson Clarion-Ledger of September 29, 2007

Gunshots deter break-ins

Jackson residents fend off invaders

There were similarities in two attempted burglaries in Jackson on Friday.

The residents of both homes were watching television when the alleged suspects were caught in the act. And in both cases, the suspects were fired on.

Around 7 p.m., Patricia Parker, 53, who lives in the back of the duplex at 420 Barksdale St., said she was watching Wheel of Fortune when she heard her boyfriend calling her name from outside.

“I opened the door and this dude was laying on the porch,” she said. “Otis was over him with a knife. I said, ‘Otis, let that man go on.’ “

Instead, her boyfriend, whom Parker would identify as Otis, went back into the duplex to retrieve a pistol to further convince the man to leave. But as her boyfriend made his way back to the porch, the man slipped past him and into Parker’s home.

Otis followed the man into a back bedroom and fired shots, she said, and he continued to shoot at the man as he ran away.

Precinct 2 police found the suspect running down President Street toward Baptist Medical Center. He was wounded at least once in the right leg.

Sgt. Eric Smith said the man may have been trying to break into the back of the home to steal an air-conditioning unit.

The man, whom police have not identified, was being treated at the University of Mississippi Medical Center. Neither Parker nor her boyfriend was charged, but police did take the boyfriend in for questioning.

And about 1 p.m. Friday, Fredrico Hamblin was at home at 1715 Riverwood Drive in northeast Jackson, watching SportsCenter when he heard rustling in his garage.
“It was too obvious,” he said of the attempt to burglarize his home. “They stuck out like a sore thumb.”

He said he chased the burglars away, firing five or six shots at them. It was unknown Friday evening if he hit hit either of them.

Within moments of the attempted burglary, which coincided with Hamblin’s 28th birthday, police had two men in custody and were searching nearby woods for a third.

“The homeowner did a good job,” Jackson Police Cmdr. Ron Sampson said.

(Much More)

From the Jackson Clarion-Ledger of October 8, 2007

Man who shot at burglars arrested for gun possession

A Jackson man who shot at two teenagers trying to break into his home has been arrested by the U.S. Bureau of Alcohol, Tobacco and Firearms.

Fredrico Hamblin was not charged for defending his property, but instead was charged as a felon being in possession of a gun, Jackson Police Department spokesman Sgt. Jeffery Scott said.

Jackson police did not aid in the arrest Friday.

The details of Hamblin’s previous felony conviction was not known.

During Friday’s execution of the arrest warrant, Scott said a large sum of money and narcotics were seized at the home at 1715 Riverwood Drive.

Oji Khanyyan, 17, and Christopher Ross, 18, were arrested for attempted house burglary for trying to break into Hamblin’s home two weeks ago. Neither were injured.

September 29, 2007

Jackson, Mississippi

From Jackson’s WJTV.com of September 28, 2007

Homeowner Defends Home

Patricia Parker was home watching Wheel of Fortune on televsion Friday night. She says just before 7pm she heard her live in boyfriend Otis yell out her name. She says… at that point, she knew something was wrong.

“He said, Tricia, Just like that. He said Tricia and I knew something was wrong.”

When Patricia walked outside she realized that her boyfriend was holding a knife aimed at a man lying on their back porch. Patricia belives the man was trying to steal their air conditioner, and that Otis caught him in the act. She says Otis was so frustrated, he went into the house to get his gun. Instead of taking that opportunity to flee, the suspect ran into the house after Otis.

Patricia says at that point, things seemed to get out of hand.

“I said Otis, please don’t shoot that man, please don’t shoot him. But he shot twice. ”

The suspect eventually ran out of the home, with Otis hot on his trial. He was struck at least twice, buy bullets in Otis’ gun. Police found the suspect running down State Street, apparently trying to get to a nearby hospital.

Otis was taken away in handcuffs, though police say he probably won’t face any charges. The suspect is recovering at a local hospital. He will likely end up in handcuffs once he is released from the hospital.

September 28, 2007

Crawford County, Arkansas

From the Fort Smith Times Record of September 28, 2007

Prosecutor Won’t File In Killing

No charges will be filed in the July 27 shooting death of a 25-year-old Fort Smith woman, according to Crawford County Prosecutor Marc McCune.

McCune said Thursday an investigation by the Crawford County Sheriff’s Office turned up no evidence to refute a claim of self-defense by Edna Higgins, 69, of Mountainburg.

Higgins said she shot Heather Dyanne Mizell with a .22-caliber rifle as Mizell threatened her with a hammer in the Mountainburg woman’s residence.

According to investigators, Mizell, who was married to but separated from Higgins’ grandson, Jimmie Mizell, was at Higgins’ house to pick up money Higgins had promised to give her to replace a tire on her vehicle.

Mizell had earlier dropped off her two daughters, Katie, 4, and Megan, 1, with her estranged husband’s parents.

Crawford County Chief Deputy Ron Brown said Higgins told him after she gave Mizell the check, she turned around and Mizell was brandishing a hammer.

Higgins grabbed the rifle and fired twice, Brown reported. Mizell was struck once in the chest. A second shot apparently grazed her.

The shooting victim was taken to St. Edward Mercy Medical Center, where she died during surgery.

Mizell’s mother, Becky Sides of Fort Smith, reacted angrily to news of McCune’s decision.

“This case is not going to close,” she said. “I know it was murder and everyone else knows it was murder. If (McCune) can’t see that, I don’t know what his problem is.”

Sides said she has been told that Mizell’s fingerprints were not found on the hammer. “Without that hammer, it’s murder,” she said.

Sides said her pleas for convening a grand jury, or having a second, independent investigation of the shooting, have so far been unsuccessful.

“When you have a major medical problem, you are entitled to a second opinion. This involves a death, and we don’t get a second opinion,” she said.

She said she continues to contact “civil rights people” and organizations she hopes can help her in her quest for justice.

Sides has assembled a Web site, http://www.heathermizellmemorial.com, dedicated to her daughter’s memory and family. On it, she reports that Heather, a university student and rack driver for the Times Record, “had so many plans of what she was going to do. Her life was just starting to go the way she was wanting it to go.”

Heather’s husband, Jimmie, died Aug. 11. This week, custody of their daughters was awarded to Heather Mizell’s father, Ed Sanders, who lives in Texas.

“At least something has gone right,” Sides says of the children’s custody. “At least one judge had the common sense to do the right thing.”

September 28, 2007

Barnstable, Massachusetts

From Providence’s (RI) EyewitnessNewsTV.com of September 28, 2007

Cape Cod man acquitted of murder charge

A Cape Cod man is acquitted of charges that he fatally shot his friend.

Jeffrey Harrington of Bourne was acquitted of second-degree murder and assault and battery with a dangerous weapon charges by a jury in Barnstable Superior Court today.

Harrington was on trial for shooting Gerald Carbone of Wareham in the head at close range in September 2004.

The two men had known each other for years but had been in a dispute involving a woman at a Buzzards Bay bar shortly before the shooting.

Harrington claimed self defense.

His lawyer told the jury that Carbone had threatened Harrington.

September 28, 2007

Detroit, Michigan

From the ClickOnDetroit.com of September 28, 2007

Police: Carjacker Shot Shot [sic] During Carjacking

Detroit police are investigating a carjacking outside their headquarters in downtown Detroit.

Officers said three people attempted to carjack a man around 11 p.m. Thursday.

The carjacking victim was carrying a gun and fired at the men, shooting and killing one.

Police said the shooter had a license to carry the firearm.

The two other men are in police custody.

September 28, 2007

Jacksonville, Florida

From News4Jax.com of September 27, 2007

Store Clerk Pulls Gun, Scares Away Robbers

Police Investigate Armed Robbery At Regency Store

A clerk at a Regency area clothing store scared away a group of robbers with a gun when she produced her own handgun during afternoon shakedown, according to authorities.

Detectives with the Jacksonville Sheriff’s Office on Thursday afternoon launched an investigation of an armed robbery at the 904 Fashion store in the 10000 block of Atlantic Boulevard.

According to authorities, four or five men walked into the store and started grabbing clothes and then produced a gun and tried to take money from the store’s clerk.

The store manager and JSO said the store clerk produced her own handgun from her purse and fired some shots at the robbers.

The men ran from store and then fled the scene in a vehicle. The thieves did not get away with much merchandise or money, authorities said.

Thursday’s robbery was not 904 Fashion’s first run in with a group of robbers. In July, some smash-and-grab thieves robbed the store.

Surveillance video from the July incident shows a truck smashing into the storefront and then several people running in and stealing clothing.

It remains unclear whether the two robberies are related.

September 27, 2007

Paterson, New Jersey

From NorthJersey.com of September 27, 2007

Woman causes burglar to bolt

The woman had little choice but to pull the trigger. She was locked in her bathroom. An enraged burglar was pounding on the door. A loaded pistol was in her hands.

But now Paterson police are wondering what would cause a burglar to try to attack his victim, when most attempt to flee the scene when they are caught.

The 22-year-old woman indicated that she did not know the man.

The incident occurred at about 10:30 a.m. Monday, when the woman returned to her Thomas Street home.

She walked into the kitchen through a side door, looked up and noticed a man rummaging through her living room, Detective Lt. Anthony Traina said.

The man, who was described as slender, 5 feet 2 inches tall and dressed in blue jeans and a green shirt, saw the woman and charged at her, Traina said.

The woman ran to her bedroom, locked the door and grabbed her husband’s handgun and ammunition, Traina said.

The gun is legally registered to the woman’s husband, he said.

She then ran into the bathroom, locked that door and loaded the weapon while sitting on the floor.

Meanwhile, the burglar burst through the bedroom door and began pounding on the bathroom door. “But he’s not saying anything to her,” Traina said.

The woman, still on the floor, pointed the gun at the door and fired.

While the bullet missed the burglar, it pierced the woman’s bedroom wall and lodged itself into the outer wall of a neighboring house.

No one was injured and the burglar fled the house.

With her would-be attacker gone, the woman called police on her cell phone. Several patrolmen soon arrived. They entered the ransacked home and proceeded to the bedroom.

They discovered the woman still on her bathroom floor, crying with the handgun by her feet, Traina said.


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