Archive for the ‘altercation’ Category

Montana: ‘Castle doctrine’ law forces shooter’s release, prosecutor says

August 14, 2009

Billings, Montana

From the Billings Gazette of August 11, 2009

‘Castle doctrine’ law forces shooter’s release, prosecutor says

A man who police said shot his Wal-Mart co-worker in a dispute over the length of a work break has been released from custody because his actions may be protected by Montana’s recently enacted “castle doctrine” law.

The shooting, which took place Monday evening, is under investigation by the Billings Police Department and could still result in charges. But Yellowstone County Attorney Dennis Paxinos said language in the “castle doctrine” bill passed during the last session of the Montana Legislature required him to release the shooter until more information becomes available.

The law asserts, among other things, that a person has a “natural right” to use firearms for self-defense and is not required to summon law enforcement assistance before using “justifiable” force to ward off an attack.

“The play of (House Bill) 228 with the current law causes us some pause to do a much more thorough investigation to determine if we can charge anyone,” Paxinos said.

When police arrived at the Wal-Mart on King Avenue West at about 9:15 p.m. Monday, they found Daniel Lira, 32, inside the store’s loading dock area with a gunshot wound.

Billings Police Sgt. Jay Berry said that Lira hit co-worker Craig Schmidt, 49, in the face. Schmidt fell backward, then pulled out a .25-caliber semiautomatic Beretta handgun and shot Lira, police said. The single shot was fired at a range of 10 to 15 feet.

Lira, 32, was taken to St. Vincent Healthcare and later released. Police Sgt. Kevin Iffland said the bullet grazed the side of his head from front to back.

Paxinos said that prior to passage of House Bill 228 authorities would have had probable cause to arrest Schmidt for assault with a weapon.

Now, he said, they need more details about whether there was a history of aggression between the two men, what they may have said to each other when the incident occurred and other information that will shape whether it was reasonable for Schmidt to believe his life was threatened. Other details such as the size of the two men – Schmidt weighs 150 pounds and Lira weighs 300 pounds – could also affect whether a self-defense claim is reasonable, Paxinos said.

“I’ll have to do the investigation while the guy is free to move around,” said Paxinos, who along with other county attorneys opposed House Bill 228 during the legislative session.

The “castle doctrine” bill, which was sponsored by Republican Rep. Krayton Kerns of Laurel and supported by the National Rifle Association, sparked passionate debate about self-defense rights before passing the Legislature.

“Once somebody punches you, and you’re down and incapacitated, that person has already demonstrated an intent for violence and you can’t tactically assume that they’re only going to hit you once,” said Gary Marbut of the Montana Shooting Sports Association, who crafted the bill.

But those opposing the “castle doctrine” legislation argued that existing law already protects those acting in self-defense, and that the new code would only create unnecessary burdens for prosecutors and police officers.

“There’s just such a disconnect between words on paper and what happens on the streets of Montana, and I think legislators had to be more sensitive to what’s happening on the street,” said Jim Smith, spokesman for the Montana County Attorneys Association.

Aside from potential legal charges, it was unclear if Schmidt or Lira will face disciplinary action from Wal-Mart. Schmidt has a permit to carry the concealed weapon, but a spokesman for the company said it would be inappropriate to discuss whether Wal-Mart has a policy about employees carrying guns.

“We are still gathering details at this time, and we’re now most concerned about the well-being of the people involved,” Kelly Cheeseman said.

Illinois: Man shot with his own gun in serious condition

July 15, 2009

Gary, Illinois

From the Post-Tribune of July 14, 2009

Man shot with his own gun in serious condition

A shooting Friday morning in the 1500 block of Clark Road resulted from a struggle by a man who brought a gun with him and was shot with it during the fight, Cpl. Gabrielle King said.

Ronnerial Luckett, 46, was shot in the forehead as he and Donnell Currin Jr. both fought to control Luckett’s handgun. The weapon discharged during the confrontation and Luckett was wounded.

Luckett was in serious condition after the shooting and an updated condition was not available Monday.

Detective Cpl. Michael Barnes is investigating the shooting, which police believe will be ruled as self defense, King said.

Missouri: Armed struggle ends with man shot in Northland

July 12, 2009

Kansas City, Missouri

From the Kansas City Star of July 12, 2009

Armed struggle ends with man shot in Northland

A man was shot in Kansas City, North, shortly after 10 p.m. Saturday after he had come, armed with a handgun, to the home of another man.

Police said the two had an ongoing disagreement and that the man they identified as a suspect went into the other man’s home in the 1000 block of Northwest 63rd Street brandishing a handgun.

The two struggled over the intruder’s gun, and the resident pulled out his own gun and shot the other man

Kentucky: Lexington doctor killed in shooting

July 8, 2009

Clark County, Kentucky

From WKYT of July 26, 2009

Lexington doctor killed in shooting

Police are investigating a deadly shooting over the weekend, involving a well known doctor in Lexington.

27NEWSFIRST has learned Rodney Mann was shot and killed Sunday outside a home on Four Mile Road in Clark County. We’re learning more information into what may have brought Dr. Mann to that home in Clark County.

The doctor, himself, recently contacted 27NEWSFIRST about an issue that sources now say may have led to the shooting.

About a month ago, Dr. Mann contacted NEWSFIRST about an incident he had in the parking lot of Sam’s Club in which he says a man keyed his car after an altercation. The damage was said to have cost Dr. Mann $1,100 worth of damage to his Acura.

Police say Dr. Mann then went to the man’s home in Clark County and began to slash the tires to his car. The homeowner caught Mann slashing the tires on his truck and came out to confront him.

Police say Mann had two guns and a knife on him and say during the fight the owner was able to get one gun away from him and shoot him.

At Mann’s doctor office, Thoroughbred Allergy and Asthma off Richmond Road, a note says all appointments on Monday have been canceled.

The doctor has been featured in a number of stories here on 27NEWSFIRST and was just a guest on our afternoon show three weeks ago.

Police have not charged the man who pulled the trigger. They’re investigating if the shooting was in self defense.

Mann grew up in Corbin and graduated from UK and the University of Louisville Medical School.

Dr. Mann served patients at both of his offices in Lexington and in Corbin.

Ohio: Man Shoots Pit Bull Attacking Teen

June 21, 2009

Columbus, Ohio

From WBNS of June 19, 2009

Man Shoots Pit Bull Attacking Teen

A man shot a pit bull in the leg Thursday evening to stop the dog from attacking a teenager.

Police said the dog tore part of the 15-year-old boy’s ear and bit his arm and leg, 10TV’s Kevin Landers reported.

According to police, the attack was the culmination of an argument among neighbors on Diane Place on the south side. The argument escalated into a fight involving the boy and others on the street.

A witness told detectives they heard the owner of the dog say “sic ’em” before releasing the animal to attack the boy.

“During the fight, the male released the dog and it bit one of the people they were fighting,” Sgt. Thomas Nance told 10TV News. “Another man approached and shot the dog as it was attacking the 15-year-old.”

The boy was taken to Nationwide Children’s Hospital. His condition was not known Thursday night.

Police were still investigating the cause of the argument.

The dog was taken into custody by animal control officers.

California: No arrest expected in weekend shootout near Covelo

June 11, 2009

Covelo, California

From the Press-Democrat of June 8, 2009

No arrest expected in weekend shootout near Covelo

A man injured during a shootout near Covelo is not a homicide suspect as Mendocino sheriff’s detectives say he apparently was acting in self defense when he shot and killed another man.

“He didn’t draw first,” said Mendocino County sheriff’s Lt. Rusty Noe Monday.

Round Valley resident Jason McLean, 22, died in the gunfire exchange early Saturday during a party in the woods.

Andrew Card, 23, was shot once, according to sheriff’s officials.

The two apparently have a long-standing feud, involving Card stabbing McLean two years ago at a Labor Day rodeo. Card served time in county jail for the stabbing.

Early Saturday, as a party in the woods was winding down, McLean reportedly got a high-powered rifle from his car and fired at Card.

Card pulled out a handgun and began firing back. The two men, standing about five feet apart, fired several times at each other.

McLean was hit at least four times and died.

Card was flown to UC Davis Medical Center in Sacramento for surgery. He was not at that hospital Sunday, said a hospital spokesman. Noe said he may have been transported closer to home.

Noe said Card’s status wasn’t known by detectives as the man wasn’t a suspect.

“It’s still under investigation but he was not arrested. We’re going to complete the investigation and submit if for the DA’s decision,” Noe said.

Columbia, Missouri Burglar Shot

May 15, 2009

Columbia, Missouri

From the April 30, 2009 Missourian:

COLUMBIA — A woman whose house was being burglarized is believed to have shot one of the three men caught in her home early Thursday.

The woman arrived at her home in northeast Columbia and found that her back door had been kicked open, according to a release from the Columbia Police Department. Inside, she found three men robbing her house.

She left the house, and the men followed her. She told police that one of the men had a handgun and pointed it at her. She fired one round at the men, the release stated.

Investigators collected evidence that led them to believe that one suspect was shot. Though local hospitals were notified, there were no suspects at the time of the news release.

Anchorage, Alaska Man Pulls Gun On Harrassing Teens

May 8, 2009

Anchorage, Alaska

From the May 7, 2009 Anchorage Daily News:

A report of a man pointing a gun at some teenagers on bikes at the Sears mall spurred an extensive police response and prompted school district officials to lock the doors at Fairview Elementary School Thursday afternoon.

But it turned out the young adults had in fact been harassing the man and that he pulled a weapon from his vehicle for protection, police Lt. Dave Parker said.

The two parties split after the incident at about 1:45 p.m., but witnesses followed the man with the gun north on the Seward Highway to 13th Avenue and Gambell Street, where police with guns drawn stopped the man and a passenger.

Seeing that activity, the principal of the Fairview school locked the doors, school district spokeswoman Heidi Embley said. It was the only school to take any action and reopened a short time later, she said.

After questioning the suspect and other witnesses — the youths could not be located — police determined the unnamed man had acted within his rights because he had not pointed the weapon at anyone and had not brandished it in a menacing manner, Parker said.

Ohio: Would-Be Robber Ends Up As Shooting Victim

March 25, 2009

Mt. Auburn, Ohio

From WCPO of March 24, 2009

Would-Be Robber Ends Up As Shooting Victim

A would-be thief ended up in the hospital with a gunshot wound after a failed robbery attempt in Mt. Auburn overnight.

Police say the would-be robber, 20-year-old Anthony Walker of Corryville, approached two men at a home in the 120 block of Malvern Place and threatened them with a gun.

One of the men, who has a permit to carry a concealed weapon, reportedly shot Walker during the altercation.

Both of the intended victims then drove to the Cincinnati Police District One station and reported the incident.

Rescue crews transported Walker to University Hospital for treatment of a gunshot wound to the chest. He is now facing charges of aggravated robbery.

Texas: Homeowner, Suspect Both Hurt after Burglary

February 8, 2009

Dallas, Texas

From MyFoxDFW of February 7, 2009

Homeowner, Suspect Both Hurt after Burglary

A Bristol homeowner was hurt Sunday after he rolled up on a burglary in progress. But he was able to shoot and stop one suspect before he got away.

According to the Ellis County Sheriff’s Office, the homeowner and his family returned home at around 11:30 a.m. They noticed two men about the take off in an SUV with some of their belongings.

The suspects tried to drive off, slamming into the homeowner’s truck and hurting both him and is young children. The man told deputies he them pulled out his small-caliber rifle and fired shots at the SUV.

One of the suspects was hit three times and is now in critical condition at a local hospital. The second suspect fled on foot.

Ellis County sheriff’s deputies are still searching for the second suspect. Residents are urged to call 911 if they notice someone suspicious.