Archive for June, 2008

Virginia: Police: Beach pizza parlor worker kills would-be robber

June 29, 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.


South Dakota: No charges filed in shooting case

June 28, 2008

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.

Pennsylvania: Game Commission deems a black bear shooting justified

June 28, 2008

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.

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

June 28, 2008

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.”

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

June 28, 2008

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.”

Oregon: Portland homeowner shoots suspected prowlers

June 28, 2008

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 Home Invaders Shot

June 26, 2008

Cumberland, Maryland

From June 25, 2008

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.

Tennessee: Three nabbed after manhunt

June 24, 2008

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.

Kentucky: McCreary man shoots intruder, police say

June 23, 2008

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.

Georgia: Homeowner wounds would-be burglar

June 23, 2008

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.