Archive for February, 2006

February 28, 2006

Miami, Florida

From the NBC6.net of February 28, 2006

Police: Man Shoots, Kills Person Trying To Rob Him

A man shot and killed another man trying to rob him at a gas station early Tuesday morning, according to Miami-Dade County police.

Police said the victim was approached by an armed man at a BP gas station on West Dixie Highway at about 4 a.m.

Gas station employees said the robber was a 22-year-old man who went by the street name “S.P.”

A witness said S.P. came into the parking lot, saw the victim wearing a gold chain, pulled a gun and demanded that he hand over the chain, NBC 6’s Jeff Burnside reported.

The victim was also carrying a gun. Police said he shot and killed the robber during a confrontation.

Police found evidence that bullets were flying everywhere, from both the robber’s and the victim’s guns. The gas station owner, Cesar Gaiton, said a cashier counted at least seven shots, some of which hit the food store.

“She was screaming. When she called me, I said, ‘Hello.’ She was screaming, ‘Somebody shot somebody in his face,'” Gaiton said.

“From what we gather at this point is that he did have a permit for the firearm. He did utilize the firearm, at this point, from what it seems, in self-defense. But, that’s why the interview process and all the information gathering remains the same, like any other case,” said Alvaro Zabaleta, of the Miami-Dade County police.

The victim was taken to Miami-Dade Police Department for questioning.

Detectives believe the robbery attempt was random and the shooting was apparently in self-defense. An investigation continues.

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February 28, 2006

Lawrenceville, Pennsylvania

From the Pittsburg Tribune-Review of February 28, 2006

No charges in fatal tavern shooting

A security guard who fatally shot two people while being attacked by a mob inside a Lawrenceville tavern last year cannot be charged with the deaths, Allegheny County District Attorney Stephen A. Zappala Jr. said today.

The guard, identified Tuesday as Gregory Stewart, 30, opened fire in self-defense early May 7 inside J&K’s Place after being assaulted with objects thrown by an unruly crowd, including a bottle thrown by Aaron Alston, 23 of Garfield, Zappala said during a news conference announcing his decision.

The first bullet struck and killed Alston. A second bullet hit bartender Janice Kemp, 63, who ran the bar.

Although Kemp, who died several days later, was an innocent bystander, Stewart cannot be charged with her death due to a 1998 state Supreme Court ruling in a similar case in Easton, Zappala said. Once someone begins shooting in self-defense, the court ruled, the shooter is not criminally liable for injuries to others nearby.

“That’s the law of Pennsylvania, which we will follow,” Zappala said.

Zappala made his announcement 30 minutes after his office filed with the court a report written by an investigating grand jury that looked into the deaths. The grand jury, after hearing from 18 witnesses, recommended that no charges be filed, based on the Supreme Court ruling.

February 28, 2006

Muncie, Indiana

From the Muncie Star-Press of February 27, 2006

Homeowner shoots at, captures burglary suspect

The Muncie man in custody has two burglary convictions and was most recently released from prison in November.

Brian Stevenson is not Doc Holiday, but the gun owner’s quick draw stopped a man who invaded his home Saturday night.

“I could shoot a fly across the room like it ain’t nothing,” said Stevenson, an avid marksman. “I don’t know how I missed the guy. It never really crossed my mind that I would actually shoot toward a human being.”

Stevenson fired one shot from his 9mm handgun at William Tyrone Griffin Jr., 40, 302 N. Hackley St., after the twice-convicted burglar climbed through an unlocked window at Stevenson’s home at Shipley Avenue and Eighth Street, according to court documents.

The shot sailed high into an exposed board in a storage room, but gave Stevenson enough authority to order Griffin to the ground until police arrived five minutes later, he said.

Stevenson, who works as a security guard, said he believed Griffin was armed, though he later found out he only had a cigarette lighter.

Stevenson’s wife, 6-year-old daughter and 7-year-old son were inside at the time. The children miraculously slept through the ordeal.

The burglary happened about 10:30 p.m.

Five months ago another man broke into the house while Stevenson was gone and woke his wife up to ask her to lend him money.

Police later arrested a man on charges of residential entry, Stevenson said.

Looking back, Stevenson said he is glad he did not hit Griffin and that everyone was unhurt.

“There’s something wrong with him to do something like that and not know if I was home or not,” Stevenson said.

Griffin was preliminarily charged with burglary, a class B felony carrying a maximum 20-year prison term. He told authorities he intended to steal items that he could sell for drug money, according to court documents.

He remained in Delaware County jail Monday night without bond.

Griffin has two prior burglary convictions and was released from prison in November after serving time for burglary and impersonating-a-public-servant convictions.

February 28, 2006

Mansfield, Ohio

From the Mansfield News-Journal of February 27, 2006

COURT DISMISSES SHELBY DOCTOR FIREARM CASE

The criminal case against a Shelby doctor accused of firing a handgun at two people was dismissed this morning.

Omar F. Guimaraes, 46, of 2107 Rock Road, had been charged with aggravated assault with a firearm specification for an incident Sept. 19, 2004.

Richland County Assistant Prosecutor John Baker asked Common Pleas Judge James Henson to dismiss the charge because of inconsistent witness statements.

Jesse Bishop of 371 Pinehurst Drive reportedly was meeting Ryan S. Maurer of Shelby to go to a friend’s house and backed into Guimaraes’ driveway to wait.

The Guimaraes family had been having problems with vandalism and harassing phone calls. Guimaraes and his wife were outside to get the license plate of possible vandals when the shooting occurred.

Guimaraes fired several shots at the vehicle but said he did so in self-defense because he feared the driver was trying to run down him and his wife.

February 28, 2006

Healdsburg, California

From the San Francisco Chronicle of February 27, 2006

Homeowner shoots ‘ninja’ who attacked wife

An armed man wearing a black, ninja-style mask was shot to death by a Healdsburg man this morning after he attacked the man’s wife outside their home and chased her inside, police said.

The shooting happened about 7:30 a.m. at the end of Sunset Drive, a semi-rural street on the east side of town.

The woman was about to take the couple’s two Wheaton terrier dogs for a walk when the masked man jumped her outside her garage, police said. The woman struggled, broke away and ran screaming into the house, with the attacker in pursuit.

Her screams awoke her husband. The man, whom police identified only as a man in his 60s, “grabbed their handgun, probably a .357 … and fired more than one shot,” Police Chief Susan Jones said.

The intruder “had what looked like a firearm in his hand,” Jones said. He died at the scene. His identity has not been released.

“The husband is fine. He’s uninjured,” Jones said. “The wife is being treated for a head injury that she sustained sometime during the struggle, but she’s going to be fine.”

Jones said the intruder may have been hiding behind some garage cans, waiting for someone to emerge from the home.

The chief said the incident “is completely out of the blue” for the town.

“Actually, our crime has been down this year. This is really unusual,” she said. “It’s really frightening if this is a random act.”

From Sonoma-County.org of May 2, 2006

HOMICIDE RULED JUSTIFIABLE IN HEALDSBURG HOME INVASION

District Attorney Stephan Passalacqua announced today that his office has reviewed reports submitted by the Healdsburg Police Department and it has been concluded that Louis John Phillips was justified under the law when he shot and killed intruder David Edward Ferguson.

Ferguson attacked Mr. Phillips’ wife outside their Healdsburg home during the morning of February 27, 2006. Ferguson was dressed in black clothing, wore a mask, and held what appeared to be a firearm. Mrs. Phillips broke from his grasp and ran into her home while Ferguson pursued her. When she was in the home, her cries for help awoke her husband.

Hearing his wife’s screams, Mr. Phillips armed himself with a revolver and cautiously approached the front door area of the residence where he observed the masked intruder in the home with one arm around his wife’s neck and shoulder and a gun in his hand . Once he believed he had a clear shot, Mr. Phillips fired his weapon, striking Ferguson. After being shot, Ferguson turned toward Mr. Phillips while he still had Mrs. Phillips in his grasp. Mr. Phillips fired his revolver two more times, again hitting Ferguson, this time causing him to collapse. The weapon in Ferguson’s possession was later discovered to be a Gamo P-23 CO2 pistol that shoots single shot pellets.

Under the law, one who reasonably believes that he is defending himself or another in his home against someone who tries to commit a forcible and atrocious crime such as murder, rape, or robbery, reasonably believes the danger is imminent, reasonably believes the use of deadly force is necessary and who uses no more force than is reasonably necessary to defend against the danger, is justified in killing an intruder.

The District Attorney concluded that Mr. Phillips acted reasonably under the circumstances that were known to him at the time and that a reasonable person in a similar situation with similar knowledge would have believed the amount of force used was necessary.

District Attorney Passalacqua stated, “This was an extremely frightening, dangerous and traumatic experience for any homeowner and a tragedy for all concerned.”

February 27, 2006

Winchester, Indiana

From the Muncie Star Press of February 27, 2006

Suspect named in Randolph home invasion

Winchester police have publicly identified a man they believe was shot after forcing his way into a local home, but formal criminal charges in the case have not been filed.

According to police reports, Vincent Osborne, 28, Geneva, was shot in the left hand after entering a home in the 200 block of West Orange Street about 6 p.m. on Feb. 10.

Police were called to a report of a burglary in progress at the address, and arrived to find a man, later identified as Osborne, fleeing on foot.

Officers gave chase, and eventually subdued Osborne by using a Taser gun, sending an electrical charge into the suspect’s body.

Authorities then determined Osborne was suffering from a gunshot wound in his left hand. He was taken to St. Vincent Randolph Hospital for treatment.

Police released details of the apprehension on Feb. 13, but at that time declined to release the suspect’s name.

The police detective assigned to the case has recommended Osborne be charged with residential entry, battery with injury and resisting law enforcement. However, the Randolph County prosecutor’s office had not filed formal charges as of Friday.

Osborne is reportedly a former Winchester resident. Court records don’t reflect any previous charges against him in Randolph County courts.

February 27, 2006

Salisbury, Maryland

From Salisbury’s DelMarVaNow.com of February 27, 2006

Suspected robber injured

A man shot and seriously injured an intruder looking to rob his home in a quiet neighborhood on Old Ocean City Road early Sunday morning, police said.

John Steve Collian, 48, underwent surgery and was listed in stable condition at Peninsula Regional Medical Center, according to state police from the Salisbury barrack. They said Collian was shot in the abdomen after he allegedly broke into and tried to burglarize a home on the 3300 block of Old Ocean City Road just before 1 a.m., but was interrupted by the homeowner.

The victim, James Joseph Rozaieski, 36, shot Collian one time before calling 911, police said in a news release that did not disclose additional details.

“A lot of it depends on exactly what the suspect has to say about all this and he’s in the hospital right now,” said Sgt. Daugherty with the state police. “We don’t want to jump to any conclusions.”

The home, a neat, single-story brick house with a “No Trespassing” sign in its front window, sits at the front of a gravel driveway leading to the Salisbury Church of Christ, about 200 yards west of the Route 13 Bypass. Church officials said the home is unrelated to the organization.

Employees at PRMC said they have no record on Collian, who has no fixed address, and could not indicate his condition late Sunday afternoon.

State police said members of the Wicomico County Sheriff were first to arrive on the scene and said the case has been turned over to the Wicomico Bureau of Investigation.

February 27, 2006

Toledo, Ohio

From February 20, 2006 WTOL channel 11:

NORTH TOLEDO — A would-be robber picked the wrong house. Toledo Police say the suspect broke into a home, but was shot in the process.

It happened in the 3200th block of Cherry Street, near Arcadia, around 1:00am on Monday morning. Police say the suspect was carrying a gun when he broke into a house.

Officers say the homeowner fought with the suspect, and the gun went off. They caught the suspect about a block away with a gunshot wound to his hip. They took him to St. Vincent Mercy Medical Center for treatment. The injury is not thought to be life-threatening.

February 27, 2006

Clarksdale, Mississippi

From the February 15, 2006 Clarksdale Press Register:

The apparent victim of an armed robbery fought back Sunday, sending the would-be robber running.
Capt. Danny Hill of the Clarksdale Police Department said the man was sitting in his truck in a store parking lot on DeSoto Avenue around 4 p.m. when he was approached.

“The (suspect) came up to him and pointed a pistol at him and demanded his money,” he said. “The victim would not give up his money so the would-be robber turned and ran toward the railroad tracks.”
Hill said the victim exited his truck and grabbed his shotgun, firing at the fleeing robber.
“No evidence was found to indicate that the brave-hearted would-be robber was hit by the shotgun blast,” he said. “No charges have been brought against the intended victim. The ‘former’ robber has not been identified as of yet.”

February 27, 2006

Baton Rouge, Louisiana

From the February 13, 2006 Baton Rouge The Advocate:

Baton Rouge Police Department detectives are investigating an apparent justifiable homicide that occurred shortly after midnight this morning at 6245 Laca St., according to Cpl. L’Jean McKneely Jr. of the BRPD.

McKneely said that Mark Aaron Thomas, 31, 15010 Coates, Maringouin, was shot to death by his former girlfriend, Felicia Fields, 35, 6245 Laca St., after he allegedly beat her with a stick, choked and kicked her.

After the fight, Thomas very briefly left the home and then returned, McKneely said. Fields told officers she was fearful Thomas was about to harm her and her children, so she pulled a hand gun from her purse and shot him several times

Thomas was taken to the Earl K. Long Medical Center where he later died.

Fields remained at the scene and was taken in for questioning but was later released.

There is a history of domestic violence complaints field by Fields, and the BRPD had an active warrant for Thomas’ arrest for domestic abuse battery, intimidating a witness and simple kidnapping in connection with a Jan. 10 incident in which Thomas allegedly beat Fields, McKneely said.

Investigators believe the shooting was justifiable under law and no criminal charges are anticipated. The case will be forwarded to the East Baton Rouge Parish District Attorney’s Office for review.