Archive for the ‘NE’ Category

Nebraska: 80 Year Old Store Owner Takes Gun From Would Be Robber

April 17, 2009

Omaha, Nebraska

From Action3 News of April 16, 2009

80 Year Old Store Owner Takes Gun From Would Be Robber

Talk about turning the tables. A robber walked into Sugar Hill Package Liquor near 56th and Ames Wednesday morning, probably thinking Floyd Westbrook was an easy target.

He’s an elderly man working in the store by himself at one in the morning. But the robber was wrong. He’s the one who ran away… afraid.

Store owner Floyd Westbrook runs his own cash register from 10:00 am until close…
That’s one in the morning. and a long shift for anyone.

Floyd is 80 years old.

At closing time Wednesday, Floyd wasn’t tired for his one last customer. He recalls, “The guy comes in and says ‘this is stick up, gimme your money’.”

A man wearing a ski mask and black gloves pulled out a gun. He wanted Floyd’s hard earned cash. Floyd wanted the gun out of the robber’s hands. “He had that gun sticking out right on me when I handed him the ones, I grabbed the gun. He got too close to me, ” Floyd says.

You don’t want to mess with Floyd. First of all, he doesn’t look 80. This man stands 6’4″ and weighs 230 and his own weapon.. large, strong hands. Floyd says, “When I was a young man, I could break any man’s hands. I was strong in my hand.”

The fast, handy move surprised and scared the robber. Floyd says, “He run yelling, ‘don’t shoot! Don’t shoot!’ and flew out that door”.

As for Floyd, who looked down the barrel of the gun, he says, “I’m not scared of no man, that’s the main thing. He’s just a man.” Floyd says, “Well, I wouldn’t say he messed with the wrong man. I got lucky. Let’s say it like that (laughs).”

The robber still ran off with $19. Floyd got the gun off the streets and wasn’t hurt. He says when police arrived, they checked the chamber, the gun was loaded.

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Nebraska: County Attorney: Shop Owner Fired In Self-Defense

January 18, 2009

Omaha, Nebraska

From MSNBC of January 16, 2009

County Attorney: Shop Owner Fired In Self-Defense

No charges will be filed against the Omaha shop owner who shot and killed two people in his business Tuesday night because he fired in self-defense, said Douglas County Attorney Don Kleine.

Kleine said Andre McKesson, the owner of Midwest Grillz and Jewelry at 62nd Street and Ames Avenue, fired after 14 or 15 shots.

Kleine said police told him McKesson got into an argument with Willie Wakefield, 29, and Marcel Davis, 16. At one point, Wakefield allegedly fired two shots in the direction of McKennon.

Kleine said McKesson returned fire, killing Davis and Wakefield and wounding Brandon Boyce, 22, who was outside waiting for Davis and Wakefield.

The investigation into the case is continuing.

Lincoln County, Nebraska Citizen Shoots Fleeing Felon

December 27, 2008

Lincoln County, Nebraska

From December 19, 2008 KSBI channel 52:

Lincoln County, Okla. — A man who was shot is in jail himself. The incident happened Thursday night in Lincoln County.
Sheriff’s deputies say it stems from an incident that happened last week.
Officials say Joshua Starkey broke into the man’s house last week. The homeowner spotted him Thursday night while driving and followed him.
Starkey eventually stopped, got out of the car and started to run. That’s when the homeowner fired the shot at Starkey’s vehicle. Starkey was hit in the shoulder by a fragment. Starkey was arrested shortly after.
The homeowner was not arrested.
Officials say Starkey is responsible for other burglaries in the area and he also had $3,600 in warrants out against him.
A second suspect, Jason Cornett, was arrested last week for allegedly breaking into the home along with Starkey.

Nebraska: Omaha man who shot another man to death won’t be charged

September 20, 2008

Omaha, Nebraska

From the Omaha World Herald of September 10, 2008

Omaha man who shot another man to death won’t be charged

TeThe Omaha man who shot another man to death on Saturday will not be charged in the shooting, Douglas County Attorney Don Kleine said today, because the man’s account of what happened aligns with the evidence at the scene.

Robert J. Muckey, 41, shot Domingo Gutierrez Jr., 25, of Bellevue, about 5:45 p.m. Saturday at Muckey’s house, 5629 N. 29th St.

Muckey told police that Gutierrez had broken into the house through a window and threatened him.

Kleine said Muckey gave this account:

Muckey grabbed a rifle when he heard Gutierrez trying to break in. Muckey said he told him, “Don’t come in, I’ve got a gun,” and Gutierrez replied, “I’ve got something for you, too.” Gutierrez came in, lunged at Muckey and Muckey fired.

Muckey was booked into the Douglas County Correctional Center on suspicion of criminal homicide and use of a weapon to commit a felony. After reviewing the evidence, Kleine said, he decided not to charge Muckey.

“We can’t show that it wasn’t justified,” Kleine said. “That’s part of our responsibility here.”

Muckey was to be released today, Kleine said.

Kleine said Muckey told investigators, “‘I was fearing for my life. He was threatening me. I warned him. He said he had something for me, and I felt I had to shoot him.’ It matches up with the forensic evidence from the scene.”

Muckey also told police that Gutierrez had something in his hand as he lunged at him. Investigators, Kleine said, think Gutierrez was carrying a pair of sunglasses.

Muckey’s girlfriend is the mother of Gutierrez’s girlfriend, and Gutierrez and the daughter have a child. Kleine said that at one point several months ago, the couples lived together in the house. Gutierrez is listed as the owner, according to Douglas County property records.xt

June 28, 2007

Omaha, Nebraska

From Omaha’s KETV of June 26, 2007

Resident Fires Gun At 3 Burglars

A couple being robbed in their home Monday night was able to fire a shot at the burglars, police said.

At about 10:30 p.m. Monday, police said three white men entered at home at 11029 Jones St. through an open garage door. The residents told police the robbers demanded money at gunpoint. One of the residents was able to grab a gun and fire.

No one was hit and burglars got away.

June 20, 2007

Lincoln, Nebraska

From the Lincoln Journal-Star of June 20, 2007

Armed burglar foiled by man with B.B. gun

An armed teenager was held at B.B.-gunpoint by the man he allegedly was trying to steal from at 23rd and Dudley streets early Wednesday.

The resident of the home told police he was sleeping, when a noise startled him. He grabbed a B.B. gun in his room and went to investigate, then found a person he did not know in his hallway.

The man was able to hold the suspected burglar until police arrived at the scene, Lincoln Police Officer Katherine Finnell said.

Police arrested a 16-year-old on suspicion of burglary, and said they found a loaded .22-caliber pistol in his shoe. The teenager was taken to the Youth Detention Center.

April 21, 2007

Falls City, Nebraska

From the Lincoln Journal Star of April 21, 2007

Jury finds Stella man not guilty in shooting death

Richardson County District Court jurors found Dennis L. Lockard not guilty of second-degree murder Saturday morning in the Aug. 18 death of James Nutile, 32, of Humboldt.

Lockard embraced his attorney, James Martin Davis, of Omaha, after the verdict was read at 10:53 but then left the courthouse without comment.

The case went to the jury of seven men and five women on Friday, after a week-long trial. Lockard, 39, of Stella, faced charges of second-degree murder and use of a firearm to commit a felony. He was found not guilty on both.

In closing arguments, defense attorney James Martin Davis said his client obeyed one of the oldest laws in human history: the law of self-preservation. Lockard testified during the trial that after he fired a warning shot meant to stop a fight between Nutile and another man, Nutile rushed Lockard, grabbing him with one hand while “slashing” him with the other. As Lockard fell, he felt he was being stabbed, Davis said.

Assistant Nebraska Attorney General Corey O’Brien, who helped prosecute the case, said Lockard could have chosen many options that would have left Nutile alive. Instead, he introduced a gun into a fistfight, making a volatile situation worse.

What was not disputed was that Nutile was partying with friends outside a house on Main Street in Stella while Lockard was visiting his parents next door. Nutile got in a fight with one of his friends, and Lockard tried to break it up by firing a warning shot with a .40-caliber handgun.

After the warning shot, Nutile rushed Lockard and knocked him down. Lockard fired two more shots from the gun, both of which struck Nutile in the chest.

One major dispute involves Nutile’s position after he pushed Lockard. Four eyewitnesses to the shooting, who testified for the prosecution, said Nutile was standing when the bullets hit him. Lockard and his 19-year-old son, who also witnessed the shooting, both testified that Nutile was on top of Lockard.

A pathologist’s testimony seemed to support Lockard’s version because gunpowder residue recovered from Nutile’s shirt showed that one of the fatal shots was fired from no farther than a foot away. Tests couldn’t determine the distance from the other shot.

Jurors also heard from Terry Davis, a forensic psychiatrist from Omaha, who said enough methamphetamine was present in Nutile’s blood to say with certainty the drug was having an effect on him. People on meth can be violent, aggressive, psychotic, anxious and delusional, among other behaviors, the psychiatrist said.

(More about the trial)

March 22, 2007

North Platte, Nebraska

From the North Platte Telegraph of March 21, 2007

NP woman shoots intruder

A 37-year-old North Platte man was shot several times and killed early Wednesday morning after he reportedly forced his way into a mobile home at 2801 West 19th.

According to Lt. Rick Ryan of the North Platte Police Department, a call came in at 2:30 a.m. on Wednesday from the 2800 block of West 20th, reporting shots being fired in the area.

Ryan said Tiffany Howell, 19, told officers that she had shot an intruder but didn’t know if he was alive. After shooting the man, she reportedly fled through the back door and went to a neighbor’s house.

Police found the man lying inside the front door of the home and identified him as David Allen, 37, of North Platte. Ryan said paramedics were called to the scene, and they determined Allen had died at the scene.

A search warrant was issued, and police located a semi-automatic rifle and several spent cartridges in the home. The man’s body has been transported to Scottsbluff for an autopsy.

Ryan said they will not know exactly how many times Allen was shot until the autopsy is completed. He said the incident is being investigated at this point as a homicide.

“We investigate all deaths like this as a homicide,” Ryan said.

Howell was home alone at the time of the incident, according to Ryan. He said the home belongs to Howell’s boyfriend, the person Allen was looking for when he tried to enter the house.

“They were acquaintances,” Ryan said.

Ryan said Howell talked to Allen through the front door. She told Allen that her boyfriend was not home and asked him leave. Allen eventually convinced Howell to open the front door.

Howell opened the door slightly to talk to Allen, according to Ryan, but she still didn’t let him into the house. When she tried to shut the door, Allen allegedly put up his hands and pushed the door open, entering the residence.

Howell was holding a Ruger Mini-14 .223 semi-automatic rifle when Allen entered the house. Ryan said Allen became rude to Howell and refused to leave, so Howell aimed the weapon at him and told him to get out of the house.

“He refused to leave the house and he went after her, at which time she fired several shots,” Ryan said.

From the North Platte Bulletin of March 31, 2007

Shooting investigation leads to burglary charges

The investigation into the shooting death of 37-year-old David Allen of North Platte unexpectedly led police to solve a string of recent burglaries.

Allen was allegedly shot to death by Tiffany Howell, 19, at 2801 West Ninth Street in North Platte March 21. The police said Allen entered the trailer house of Howell’s boyfriend and that Howell shot him several times with a Ruger Mini-14 .223-caliber rifle.

Howell ran to a neighbor’s house, dropping the rifle in the back yard.

While investigating the shooting, police discovered at least 24 items that they suspected had been stolen from various businesses recently.

The police, who had been investigating the burglaries, realized that the merchandise stored at the crime scene might be stolen loot from the burglaries.

The owner of the trailer, who rented the trailer to Howell’s boyfriend, told the police that Mitchell T. Pappas had asked him if he could store the merchandise there.

The investigation revealed that the merchandise was allegedly stolen from area businesses.

The police investigated and learned that Pappas had allegedly been bragging about doing the break-ins.

Pappas was charged with burglarizing Kohler Trailer Sales, 3821 Rodeo Road on November 10; Troyer Enterprises, 702 N. Bailey on November 20 and Racing Components at 302 West Eugene on December 14, 2006.

Pappas could face a maximum 60-years imprisonment if convicted of all three crimes. He is being held in the Lincoln County Jail on a $50,000 bond and his next court hearing was April 5.

Lt. Rick Ryan said the investigation into the March 21 shooting was still underway and that they still awaited the autopsy results.

January 27, 2007

Omaha, Nebraska

From January 26, 2007 KETV channel 7:

OMAHA, Neb. — An Omaha man said his instincts took over when he saw four people trying to knock down his door early Thursday morning.

Jon Cowdin said he heard someone trying to break in and when he went to the door, he said he encountered a group of burglars.

“He tried shoving in a gun at me through the door, and I took the gun out of his hands before he got the chance to fully point it at me,” Cowdin said.

The Douglas County Sheriff’s Office said it was called to the area of 103rd and Ida streets for shots fired at the Park Meadows Estates mobile home park.

Cowdin said he felt the adrenaline pumping and fought back, shooting through the door with the crooks’ gun.

“I turned the shotgun back around, and I shot him in the head, unfortunately. I wish I would have missed him and they would’ve run, but I hit one,” Cowdin said. “I hope he’s OK, but he shouldn’t have been doing what he was doing.”

Blocks away, deputies stopped the four people. A 16-year-old in the car had been grazed in the head by a gunshot. He was treated and released at Creighton University Medical Center then was taken into police custody, deputies said.

Also arrested were Jacobee Knave, 21, and Jerrett Jackson, 18, and another unnamed juvenile.

Cowdin said he doesn’t know who the suspects are or what they were after.

April 8, 2006

North Platte, Nebraska

From the North Platte Bulletin of April 8, 2006

No charges filed on student accused of shooting his father

Ray Keefer, 17, a high-school student who shot his father in the leg early March 25, appeared in court March 29. No criminal charges were filed against him.

Lincoln County Attorney Jeff Meyer said March 28 that no charges against the boy are planned, although he is still investigating the incident.

Keefer was arrested for first-degree assault and use of a deadly weapon to commit a felony March 25 after he allegedly shot his father Thomas Keefer in the left leg with a .38-caliber handgun.

The bullet splintered Tom Keffer’s bone and stayed lodged in his leg.

Tom Keefer, 42, was treated at the hospital and released. He was charged March 27 with felony child abuse, use of a weapon to commit a felony, domestic assault and terroristic threats.

Tom Keefer appeared in court March 27 on crutches and asked for a “reasonable” bond. “I still have a bullet in my leg that needs to be removed,” he said.

Lincoln County Judge Kent Florom set Tom Keefer’s bond at $25,000 and ordered him to have no contact with his son Ray or wife Lori Keefer.

Lincoln County sheriff’s deputies were called to the Keefer home at 243 S. Maloney Drive at about 2:30 a.m. March 25. Shortly after arriving, they heard a gunshot from inside the house.

Ray Keefer exited the home and told deputies that he had shot his father in the leg.

Deputies entered the home and found Tom Keefer bleeding on the living room floor.

The affidavit said Ray told deputies that his mother and father had been fighting after Lori and Ray arrived home about 2 a.m. Tom threatened both Ray and Lori with the unloaded pistol, then loaded it and fired it once into the ceiling of the home.

The affidavit said Tom then put the loaded gun to Ray’s head and told him to leave the residence.

A struggle ensued and Ray recovered the gun from his father, the affidavit said. Ray then went to his room but Tom followed him and attempted to get the gun back, according to the affidavit.

Unsuccessful at retrieving the gun, Tom then went into the living room and began assaulting Lori, so Ray said he went back into the living room carrying the gun. When Tom saw Ray there, according to the affidavit, he became angry with his son and lunged at him. That’s when Ray fired the gun, striking his father in the left leg.

Deputies said Lori Keefer was intoxicated and said she was not present when her son shot her husband. No charges have been filed against her.

From the North Platte Bulletin of March 20, 2007

Keefer guilty of threats, child abuse

Tom Keefer, the North Platte man shot in the leg a year ago by his teenage son after a violent fight with his was found guilty of terroristic threats and child abuse in Lincoln County Court Monday.

Keefer, 43, 243 South Maloney Drive, pleaded no contest and was found guilty of the amended charges. Charges of use of a weapon to commit a felony and domestic assault were dismissed in exchange for the plea in a plea agreement with prosecutors.

Keefer faces a maximum of five years imprisonment, a $10,000 fine or both for the felony terroristic threat charges. He also faces one year imprisonment, a $1,000 fine or both for the misdemeanor child abuse charge. He will be sentenced April 30.

Keefer was charged with the crime after Lincoln County Sheriff Deputies were called to their home March 25, 2006.

Deputies said Keefer’s son Ray told them that he had returned to his home early that morning with his mom and two friends. Ray and his friends were playing video games when Ray heard his mom and dad arguing, deputies said.

Ray told the deputies he separated his parents by pulling his dad off of his mom.

Keefer then ordered Ray to send his friends home, which he did, deputies said. While Ray was walking his friends outside, he heard the argument again and ran back inside.

Deputies said Ray told him Keefer had pinned his wife, Lorie, to the couch and that Tom had a handgun in his hand, pointing it at her head.

Ray told the deputies he jumped on his dad’s back to wrestle it away and Keefer told Ray the gun wasn’t loaded.

Ray told the deputies that as he sat by his mom on the couch, Keefer left the room then came back in saying, “now it’s loaded.” He then fired a round into the ceiling.

Ray and Keefer began to fight and struggle and the gun fired a second time, this time into the floor, deputies said.

Ray said he then grabbed the gun from his father, who repeatedly asked him to give it back. When Ray refused, according to deputies, Keefer walked toward his son saying, “shoot me, shoot me. Or give the gun back so I can shoot myself.”

Ray told deputies that his father continued to advance on him so he shot him in the leg.

Ray, then 17, was originally arrested for assault but felony charges against him were never filed because prosecutors decided his shot his father in self defense.

P. Stephen Potter, Keefer’s attorney, said he intended to offer a different version of events at sentencing but advised Keefer to plea no contest to take advantage of the plea agreement. He said Keefer had successfully completed treatment.