Recent CCW & Self Defense stories of note

Alamo, California

Further to this incident

From the Contra Costa Times of February 24, 2006

Homeowner opens fire on intruder

An Alamo homeowner could face criminal charges after he fired six shots at a would-be intruder while chasing him down a residential street, Contra Costa Sheriff's Office investigators said Friday.

"The law is very clear about when peace officers can use deadly force and when the public can use deadly force," said Capt. Jon Cox, sheriff's patrol commander. "(Both) have to demonstrate that there is a threat to personal safety in order to use lethal force."

The resident, who lives in the 1000 block of Via Del Gato, startled an intruder trying to open his front door about 4 a.m Thursday. He then shot at him as he ran to a get-away car down the block, deputies said.

"It would appear, just based on the information we have that this person was not a threat," Cox said. "He was running away."

It appears all six shots were fired outside the home. Cox said it's unclear whether the intruder had a weapon or if he threatened the homeowner.

Investigators are discussing whether the resident illegally discharged his firearm, a misdemeanor offense, but no decision on possible charges has been made, he said.

The homeowner told police he woke up to the sounds of someone trying to break through his front door. He called 911, retrieved a semiautomatic handgun and confronted the intruder by opening a nearby window. The startled burglar ran to a waiting truck where another person was waiting and jumped into the passenger seat. The truck sped away as the homeowner fired his weapon.

Authorities are not sure if the truck or either of its occupants were hit by bullets. "At this time there is no evidence to suggest anyone was wounded," Cox said.

Investigators combed the neighborhood looking for the expended bullets or potential victims, but found nothing, Cox said. Deputies did recover the weapon and six bullet casings.

While a homeowner has a right to use a firearm to protect his home and life, Cox said a weapon can complicate things.

"Statistics show that often people who get a firearm for their own protection can be victimized by that weapon," he said. "Firearm ownership is a very serious issue and owners can benefit from how it is stored, locked and how comfortable they are with using it."

The Sheriff's Office doesn't encourage anyone to engage a person involved in a crime. If a property crime is in progress, it's important to remain quiet and call 911 from a home phone, Cox said. Cellular 911 calls take longer to respond to because they are routed through the Highway Patrol's dispatch center in Vallejo and then have to be transferred to the appropriate agency.

"Our advice is not to get directly involved and not jeopardize their safety or the safety of others," Cox said.

People can turn on lights, make noise or yell to startle a home intruder, but Cox said the most successful outcomes happen when a victim is calm, quiet and calls 911.

"We're there in a few minutes to catch the person in the act."

http://www.claytoncramer.com/gundefenseblog/archives/2006_02_01_archive.html#114083045841338582

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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."

http://www.claytoncramer.com/gundefenseblog/archives/2006_02_01_archive.html#114109637758132751

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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.

http://www.claytoncramer.com/gundefenseblog/archives/2006_02_01_archive.html#114116682269982279

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Baton Rouge, Louisiana

Still more on this incident

From the Baton Rouge Advocate of February 26, 2006

Louisiana law permissive on deadly force

The bystander who killed a businessman embroiled in a brawl with a Baton Rouge police officer may be aided by one of the nations most permissive justifiable homicide laws, legal scholars and others say.

Louisiana allows the use of deadly force in self-defense or defense of others to prevent a violent or forcible felony involving danger to life or great bodily harm. People also can shoot intruders inside a home, business or car even if there is no such threat  and need not make any effort to retreat.

Thats different from most states, which sanction physical force to prevent imminent physical danger and deadly force only when there is reasonable fear of serious physical injury or death  and the person in danger is otherwise unable to first safely retreat.

South Carolina, for example, limits bystanders to using deadly force only in instances where the victim is in imminent danger of being murdered by the assailant, if the assault is malicious and unprovoked and with a deadly weapon  and then only if there is no other reasonable means of escape and the victim and bystander are without legal fault in bringing on the difficulty.

Louisiana has the broadest self-defense law in the country, said Stuart Green, an LSU law professor who specializes in criminal law. The questions raised in this case are, Was the police officer in imminent danger of losing his life or suffering great bodily harm? and Was the killing necessary to save him? But even if it wasnt, the issue in this state is whether his purpose was preventing a violent forcible felony involving danger to life or great bodily harm. And I think you can make a good argument for that.

Perry Stephens, 56, shot 24-year-old George Temple II four times in the chest cavity and once in the head after seeing him in a struggle over a traffic violation with Officer Brian Harrison, 32, on Feb. 17 outside an Auto Zone on Greenwell Springs Road.

Investigators have said Stephens  who was wearing a neck brace and using a cane  retrieved a gun from his car after hearing Harrison yell for help. After hearing shots, he asked Temple to get off Harrison and shot him four times when Temple did not comply. Stephens again unsuccessfully ordered Temple to retreat, then fired a fatal shot into his head, investigators said.

The East Baton Rouge Parish Sheriffs Office continues to investigate the matter; the District Attorneys Office ultimately will decide whether to pursue charges.

The National Association for the Advancement of Colored People publicly has called for an independent investigation by the U.S. Justice Department, but has not made a formal request.

(Much more)

http://www.claytoncramer.com/gundefenseblog/archives/2006_02_01_archive.html#114095934738537623

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Baton Rouge, Louisiana

Further to this incident

From Baton Rouges WAFB.com of February 23, 2006

Eyewitness Gives New Account of Controversial Shooting

A witness has come forward to change one key detail in that shooting involving a police officer which has caused such an uproar in Baton Rouge. Auto Zone store records place this witness in the parking lot as the fight and deadly shooting occurred. The witnesses tells a story not heard before, claiming he heard exactly what was said between the officer and shooting victim, George Temple. Out of fear of retaliation, the witness has requested his identity not be disclosed.

The witness says he was parked just a couple of spaces away from the black Mercedes George Temple was driving. At first, he didn't pay much attention to the man getting a ticket from the police officer, until he heard Temple and Officer Brian Harrison start to yell at each other. The witness says Temple called the officer a punk and said "you're just jealous of my car" not long after the officer and Temple started to struggle.

According to the witness, "You could here them muffled... 'Mother' this and that. 'I told you not to mess with me, I told you -- I'm a beast, I told you not to mess with me. I told you, I told you.' "

The witness says the officer took quite a beating.

Witness: "I mean, Mr. Temple was a big man."

Reporter: "What was the officer saying?"

Witness: " 'Help me, help me!' That's when he started screaming."

That's when a bystander in a neckbrace, Perry Stephens, shot and killed Temple. Even though the witness believes Stephens likely saved the officer's life, he does take issue with one part of Stephens' story. The witness says he never heard Stephens give a threat or a warning before he shot Temple.

"The man probably saved the officer's life... but he did not give out a warning," he says. "But if this would have been on a dark road, we would probably be looking for a cop killer, to be honest with you."

Stephens eventually ended the struggle between Temple and Harrison with a shot to the back of Temple's head.

"I heard [Temple] had a daughter, my heart goes out to the family. But Mr. Temple was aggressive to the officer. If [the officer] would have shot him, I probably wouldn't have even called [channel 9]."

The NAACP is upset with the officer, the investigation and the Baton Rouge Police Department's policies. The witness sees it differently. "I say the officer did everything he needed to do. If I would have been pulled over, I wouldn't have had an attitude, because the officer did everything he was supposed to do."

The witness says he doesn't want any trouble or attention. He says he just couldn't sit on the truth anymore.

http://www.claytoncramer.com/gundefenseblog/archives/2006_02_01_archive.html#114070543332347210

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