More FL: More Details onf Gabriel Jacobs Shooting

The abvious speculation comes is that Jacobs was under the influence of mind altering substances.

The owner told police that they were awoken by the sound of their doorbell. The owner immediately called the police and tried to communicate with Jacobs through the closed front door. Jacobs continued to ring the door bell, yell profanities and kick the door. The owner of the home warned Jacobs that he was armed with a shotgun. He ignored the warnings and was shot as he came through the front door.

Police say they found an abandoned vehicle belonging to Jacobs’ stepfather in addition to several traffic signs knocked to the ground in the area.
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Retailers Choose Guns for Defense Against Armed Robbers in AK and TX

Two retailers have chosen firearms as effective means of protecting themselves and their customers against armed robbers.  One store was a pizzeria, which had the unfortunate experience of having an armed robber shot and killed by an armed employee in Amarillo, Texas. The other was a drive-thru coffee stand in Anchorage, Alaska. Two sisters own the shop. They are on the left of the photograph.

The AK Sweet Cup in Anchorage, Alaska, was the victim of an armed robbery at about 4 p.m. on 8 January, 2018. The shop has a gun in the restaurant, but the employee did not feel they had a good opportunity to access and use it. The shop owners, two sisters, said that some of their employees are routinely armed. The safety of their employees comes first.  From ktva.com:

Samantha Brown and her sister Toni Whaley own AK Sweet Cup on Muldoon Road. The sisters said they had never been robbed in their four years in business but, that changed last Monday when a man in a stolen truck pointed a gun at a barista and demanded she empty the register.

Brown said the coffee stand does have a weapon inside but the barista didn't have time to reach it or feel safe to do so when she was threatened with a gun in her face.

Brown said it's their policy not to take chances.

"All of our employees are trained-- if they have a weapon, you give them what they want."

(snip)

"We are just waiting for the police to do what they need to do," said Brown.

In the meantime, Brown said they are doing what they need to do, including adding a second gun that is easily accessible under the counter. 

Brown said they may need it to keep their employees safe.

At La Bella Pizza in Amarillo, Texas, one of the employees was compelled to shoot and kill an armed robber who pointed a gun at him. The gun turned out to be an air pistol that was modified to look like a real gun. The response of the store owners show that defense of self and others is gaining legitimacy in the nation. The owners issued a statement. Here is the relevant portion. From myhighplains.com:

We at La Bella Pizza on Olsen are deeply saddened by the incident that occurred last Tuesday, January 9th. Our hearts go out to All the families that are involved during this trying time. Our policy always has and always will be that our employees are welcome to legally and responsibly possess the means to defend themselves and others around them.

The accomplice of the robber who was shot and killed will be charged with murder under the felony murder rule. This means the killing will be counted as a murder, not a justified homicide.  From amarillo.com:

Amarillo Police Department has identified the man shot at La Bella Pizza on Olsen Boulevard as Clayton Jerrell Morgan, according to a news release. Officers arrested his alleged accomplice, 29-year-old Ruben Ryel Rios, who police said was charged under the state’s felony murder rule that allows a person to be charged with murder if they are involved in a felony crime that causes a death.

The way the FBI Uniform Crime Reports (UCR) works virtually insures that felony murder rule homicides will be counted as murders, not justified homicides. It is one of the reasons the FBI UCR only catches about 20% of the justified homicides in the U.S.A.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Followup AZ: State Trooper say Good Samaritan Saved his Life

PHOENIX - An Arizona officer who was shot and beaten a year ago by a Mexican man he was trying to help after a car crash said a passing driver saved his life by killing the man, according to newly released police reports.

State Trooper Edward Andersson said he doesn't know what led to the attack. The officer had seen Leonardo Penuelas-Escobar cradling his injured girlfriend, then set up flares to try to get drivers to slow down on a major highway. Moments later, Andersson spotted Penuelas-Escobar with a gun in his hand.

The reports say Penuelas-Escobar said something in Spanish before shooting the officer in the shoulder and beating him in the head with a handgun, which had been stolen months earlier from a home.
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NC: Armed Employee Stops Store Robbery in Nash County

Nash County deputies say the lone gunman demanded money out of the register from the employee.

During the robbery, the employee pulled a revolver and fired multiple times as the robber ran from the store, according to deputies. The worker was not injured.
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AL: Suspected Theives Shot at One hit

Homeowner, Ashton Gallagher, who caught two men stealing a utility trailer from his home shot at them, hitting one of the men, deputies said Wednesday.

He was eating and heard noise outside. He looked at his surveillance video and went outside to contront the thieves.

"I grabbed my gun and headed out here and was like, Hey ya'll need to drop my trailer. I said it more aggressively than that," said Ashton Gallagher.
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TX: Armed Homeowner Wounds Suspect who Attempted to Kick in Door

HOUSTON — A would-be intruder was reportedly hospitalized Tuesday night after being shot multiple times by a homeowner near the Aldine area.

Investigators said the suspect tried to kick down the front door of a home on Anice Street near Ponder Lane around 6:30 p.m. However, the homeowner grabbed his gun and fired at the suspect several times. The suspect ran off and the homeowner called police.
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Brady's in Urinal at the Shot Show 2018

There were Brady urinal screens in the urinals at the Gun Rights Policy Conference held at the Sheraton Crescent Center in Glendale, Arizona in September, 2015.  There were Brady urinal screens in Shot Show in Las Vegas in January, 2016.  There were Brady urinal screens in the Shot sow in Las Vegas in January of 2017. This year, in January, 2018, the Brady urinal screens were still in the bathrooms for the Shot Show.  The screens probably last for more than a year. It seems a bit ironic that the Brady brand is what the many thousands of Shot Show attendees are urinating on.  I am certain that it is not a conspiracy to place the name Brady to be urinated on by the attendees at the various venues mentioned.

The urinal screens were all Bradys.  They do not seem to be associated with the gun hating Brady Campaign to Prevent Gun Violence, but with the legitimate Brady company that produces urinal bathroom products!

I am certain that some waggish member of the hotel staff did not order and place Brady urinal screens in the bathrooms merely to provoke smiles on the faces of Shot Show participants.  It is just that the Brady urnial screens are available at a good price and work very well.

I am sure that the Russian government did not bribe the hotel staff to put in the Brady screens. I am sure the royals high up in the Saudi Aristocracy were not involved. 

No gun culture organization or individual distributed the Brady screens as a subtle way of expressing disdain for those who wish ever more infringements on the Second Amendment.

It is highly likely that it is merely coincidence, statistical noise, nothing that actually means anything.  Really.  I am absolutely certain.


Of course, we cannot rule out the possibility that a friend who sat next to a cousin of President Donald Trump, 10 years ago, owns stock in the Brady company that makes the screens. (Sarcasm Alert!)

It is just one of those cosmic coincidences that make many smile and nod.

©2018 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

WI: Mail Carrier Assaulted, Armed Witness Fires Warning Shots to Stop the Attack

MILWAUKEE - A mail carrier was attacked on Milwaukee's west side late Wednesday morning and a witness with a gun stopped the attempted sexual assault.

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Followup WV: Shawn Hall Arrested for Malicious Wounding in Shooting of Frank Gravely

Charleston Police say they were called about 12:15 p.m. to 617 Grant Street for a gunshot injury. 28-year-old Frank Gravely was shot in the leg during an altercation inside the home with the homeowner, Shawn Hall.

Hall is the one who called 911, and he remained on scene until emergency services arrived. Gravely was taken to the hospital and treated. His gunshot was deemed not life-threatening, but he remains at CAMC General in stable condition.

51-year-old Shawn Hall was arrested for malicious wounding and taken to the South Central Regional Jail awaiting arraignment.
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More Details NY: Suspects Identified in Home Invasion Where Invader was Shot with Rifle

One person was shot and remains in the hospital in critical condition, another suspect is still on the loose after a home invasion goes wrong on the night of January 24th.

During the robbery the suspects, armed with a rifle, demanded cash from the homeowners. A confrontation ensued shortly after between one of the homeowners and one of the suspects Daiquan Bythwood. "During that confrontation the homeowner shot one of the perpetrators." Said Lieutenant Nich DeMuth, "The three perpetrators left the scene in a dark colored sedan."
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Followup LA: Freddie Dequan Vezia arrested in Case where Home Invader was Shot, Killed

This is another case of the felony murder rule.  Vezia did not shoot anyone. His partner in crime, Isaiah Williams, was shot by an armed victim, and killed.  If reported to the FBI, this will be counted as a murder, not a justified homicide.

Lake Charles Police identified 21-year-old Freddie Dequan Vezia as the suspect that ran from the scene of the shooting. He was arrested at 1:44 a.m. at 2506 Stanton St., and charged with 1 count of 2nd degree murder and 1 count of home invasion. His bond was set $800,000.

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NY: Know Your Backstop, Parma Man Accidentally Shot from Half Mile Away

In October, 2016, two men were target shooting in rural New York.  They were sighting in rifles for the upcoming deer season. They could see about a thousand feet, but there was no obvious backstop on the flat ground.  They had two .308 Winchester rifles, a Del-Ton AR, and a pistol.  It was about 4 p.m.

Almost half a mile away, unseen, Kevin Flannery was mowing a lane on his property.  A picture taken a year later shows tall ground cover on either side of the lane. Flannery could not be seen from the position of the shooters.  Flannery apparently moved in and out of the "beaten zone" of the rifle shooters as they zeroed in their rifles. The bullets traversed tall grass and weeds before reaching the lane Flannery was mowing.

Flannery's mower, then Flannery were hit. Flannery was critically wounded. It took months for him to recovery after being hit with a high powered rifle round. He lost 40 pounds while recovering after surgery in the hospital. From rochesterfirst.com:

PARMA, N.Y. (WROC-TV) - Police have arrested two suspects in relation to a shooting in Parma that happened on Tuesday.

Police responded around 4:45 p.m. to Moul Road for a report of a man who was shot in the abdomen while working on his property.

Police say as they responded, they could hear shots being fired in the distance. Deputies located the shooters, Ryan G. Pellman, 34, of Greece and Matthew E. Rodgers, 35, of Hilton in an area behind and to the west of North Avenue.

Pellman and Rodgers were allegedly shooting paper targets without the use of a backdrop.

Once the shooting had ceased, deputies located the victim, Kevin R. Flannery, 42, about 800 feet south of where they responded.

Pellman and Rodgers were indicted for assault and reckless endangerment by a grand jury in April of 2017.  In August, 2017,  Judge Alex Renzi  of the State Supreme Court overturned the indictment. The charges were dismissed. The evidence did not meet the legal criteria for either crime.

A civil suit was filed by the Flannerys in November of 2017.

Kevin Flannery went through months of recovery. He came very close to dying. It was 10 months before he was able to return to work. Pellman and Rodgers have had to spend considerable resources on their defense. The legal expense are likely to continue.

The shooters had no intention of hitting Flannery. They did not know he was there. They thought it was impossible that their shots had hit anyone.  Flannery was 2,300 feet away from the shooters, a little less than 800 yards.  .308 rifles are routinely fired in thousand yard matches.

This accident occurred because the shooters did not understand the ballistics of their rifles. They assumed that there was no one in the direction they were shooting. They did not insure the bullets were hitting an adequate backstop.  It was a nearly fatal mistake. I suspect they have been regretting their decision for over a year.

Safety rules came about through long, hard experience. They exist for good reasons.

Know your target, and what is behind your target.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

NY: Rifles used in Home Invasion and Home Defense

 The video personality said the occupant used a shotgun.

Deputies said Daiquan Bythwood, Zhamere Charriez of Elmira and Drew Stansfield of Horseheads had a loaded rifle and broke into a home on Overlook Drive around 11:30 p.m. Wednesday. Deputies said an occupant of the home then struggled with Bythwood before the homeowner shot Bythwood with a rifle. All three suspects then left, deputies said.

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IN: Constitutional Carry Re-Introduced HB1022

Indiana Representative Jim Lucas has re-introduced a Constitutional Carry bill in the Indiana legislature.

In 2017, Lucas lead the fight to bring Constitutional Carry to Indiana. He was heavily opposed by the Indiana Media. He fought back by proposing a bill to require professional journalists to be fingerprinted and submit an application to the state to be approved for a journalist license, in order to exercise their freedom of the press. 

It was a nice bit of satire, fighting back against an agenda driven media.

While the Constitutional Carry bill did not pass, a non-scientific poll at wane.com showed 84% in favor of the bill. 

A legislative study committee recommended that the 2018 legislature "remove hurdles" to carrying a handgun. The vote was 15 -5 on 30 October, 2017.  From nwi.com:

INDIANAPOLIS — The General Assembly next year is likely to consider legislation to eliminate Indiana's licensing requirement for carrying a handgun in public.

A legislative study committee on Monday recommended state lawmakers "should remove hurdles" that limit the ability of Hoosiers to exercise their constitutional rights relating to firearms.

The Joint Committee on Judiciary and Public Policy did not specifically call for ending handgun carry licenses. In fact, it urged the current license system be maintained for individuals who want a reciprocal license to carry in states that require licensing.

On 11 January, 2018, HB 1022 was introduced. First reading on 11 January, the bill was refereed to th Committee on Public Policy. Here is the summary of the bill. From in.gov:

Right to carry a handgun. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun". Provides that a prohibited person who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun is a Level 4 felony when a person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for an act described by IC 35-47-4-5 (unlawful possession of a firearm by a serious violent felon). Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain from the superintendent of the state police department a reciprocity license. Provides that a reciprocity license is valid for five years. Requires law enforcement agencies to make use of certain data bases when issuing handgun licenses. Makes conforming amendments.

Indiana has super-majorities of Republicans in the legislature. 70 of 100 representatives are Republicans in the House, and 41 of 50 senators are Republicans in the Senate.

 Constitutional Carry is proving popular with state legislators. In 2002 only Vermont had Constitutional Carry.

 Constitutional Carry is the right to carry a handgun openly or concealed in most public places, without a government permission slip.

It existed throughout the nation when the Bill of Rights was ratified in 1791.

 In 2003, Alaska passed the reform to restore the exercise of Second Amendment rights. In 2010, Arizona passed Constitutional Carry. In 2011, Wyoming, in 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry, but is disputed by some county prosecutors. in 2015, Kansas, and Maine joined the Constitutional Carry club. In 2016, Idaho, Missouri, West Virginia, and Alabama enacted Constitutional Carry. In 2017, New Hampshire, and North Dakota were added to the list.

There are now 13 states with Constitutional Carry, as many as the original 13 states that ratified the United States Constitution.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

OH: Fiancé Shoots Squatter that Attacked his Intended with a Bottle

When the fiancé confronted the intruder, the squatter grabbed a bottle and struck the woman's fiancé on the head.

Police said the man pulled out a gun and shot the intruder. The wounded man was taken to Wooster Community Hospital and then transported to Akron City Hospital for treatment of a gunshot wound to his hands and abdomen. His condition is unknown at this time.

Authorities did not say if any charges relating to the incident would be filed.

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AL More Details: Homeowner Shoots at Suspects, Hits 1

Homeowner, Ashton Gallagher, who caught two men stealing a utility trailer from his home shot at them, hitting one of the men, deputies said Wednesday.

He was eating and heard noise outside. He looked at his surveillance video and went outside to contront the thieves.

"I grabbed my gun and headed out here and was like, Hey ya'll need to drop my trailer. I said it more aggressively than that," said Ashton Gallagher.

Gallagher told WAAY 31 his utility truck is a source of income.

"That's pretty much how I make my money. I do landscaping. So that's part of my living. If that's gone then I have to go through everything else to get it back," Gallagher said.

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Gun Control Bumper Sticker Part of Criminal Complaint

An auto mishap morphed into a defensive shooting in Rochester, Minnesota on Sunday, January 14th, a little after 8 a.m.  A car driven by 17 year old Muhammed Rahim, with another 17-year-old male and two teenage girls in the car, spun out of control and crashed into the side of the road in slippery conditions.

A car driven by 25 year old Alexander Weiss managed to avoid the out of control vehicle. He pulled to the side of the road to see if the people in the crashed vehicle needed assistance. Muhammed then backed up the crashed vehicle and hit Weiss' vehicle.

Weiss got out. So did Muhammed and the other male occupant. They approached Weiss and threatened him.

Weiss, a carry permit holder, retrieved a pistol and called the police. The confrontation escalated and Weiss shot Muhammed.

 Two on one makes it a disparity of force situation. It is hard to know how this will play out in the courts.  The statement of probable cause shows Weiss did not just "draw and fire".  Muhammed approached within inches of Weiss while the firearm was displayed. Muhammed dared Weiss to fire. Weiss says that Muhammed attempted to grab his pistol.  Muhammed's passenger said they never touched Weiss. The statements are not necessarily contradictory.

The police arrived on the scene and arrested Weiss. The police officer included the fact that Weiss had a bumper sticker on his vehicle that said "GUN CONTROL IS HITTING YOUR TARGET"  in the statement of probable cause. From kimt.com:

According to the autopsy, Rahim died from a single gunshot wound. Police say only one 911 call was received, and that came from Weiss.

The Police Department says Weiss has a permit to carry a firearm under state law and the criminal complaint says Weiss had a bumper sticker on his car saying "Gun Control Means Hitting Your Target."

According to Rochester police, a witness to the shooting came forward and provided a statement that police say made them more confident in the second-degree murder charge.

Police say the witness was driving through the area and was a few feet away from the shooting. Police say she saw two men get into a confrontation and saw Weiss draw his weapon and fire.

Here is the statement of probable cause from the Rochester police officer.

In another interview with the startribune.com, Rochester police Captain John Sherwin made this statement:

 “There was no physical assault, and by that I mean punches thrown,” Sherwin said Tuesday.

I am sure Captain Sherwin knows that punches are not necessary for physical assault. In the probably cause document, Weiss says Muhammed pushed him, as part of the confrontation.

It is interesting that Officer Brian Roussell found it worth while to include the political bumper sticker as part of the probable cause document.  It is hard to see it has any relevance to the charge of 2nd degree murder.  There are no statements by the two teen girls that were in the vehicle driven by Muhammed. Perhaps they did not see anything of the altercation.

Muhammed came to  the U.S. from Iraq six years ago, with his family.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IN: Smash and Grab Burglars Bust thru Gunshop Wall, Steal Guns

ANDERSON — Two burglars who stole an undisclosed number of weapons from Crack Shot Guns on Sunday night were nothing if not determined. And prepared to make a fast getaway, Anderson police said.

Anderson Police Department spokesman Maj. Joel Sandefur said the incident occurred about 8:40 p.m. when one of the culprits slammed a sport utility vehicle into the back of the store, 715 E. 53rd St., creating a hole big enough for them to walk through.

In just a couple of minutes the burglars, who police described as black males wearing dark clothing, stole handguns and long rifles, and escaped in a second getaway vehicle, Sandefur said.

Surveillance video inside the store captured good images of at least one man, and police are asking for the public's help in identifying him, Sandefur said.

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Alaska, Grizzly Bear, .44 Magnum, The Longest Minute

Doug White with Bear and .44 Magnum

On September 7th, 2006,  Alaskan moose hunters, Doug White and Reed Thompson, were working on packing out the meat and head from a successful moose hunt. They were attacked by a large grizzly bear. As the attack was in 2006, it did not get the coverage it would today. 

I found the account as I was searching for bear attacks where pistols had been used as a defensive measure. I vaguely remembered the incident. 

The bear moved from one hunter to the other during the attack, giving Doug the chance to access Reed's .44 magnum, that had been hung in a tree. Doug shot the bear and stopped the attack.

Because of intense interest from his family and friends, Doug wrote a detailed account of the attack and the aftermath. He includes several photographs. Here is an excerpt. From  thegreatwhitehunter.com:

When Reed distracted the bear from its attack on me, I had time to concentrate on the holster. I saw a buckle with a strap running through it. I could not figure out how it held the gun in place, so I grabbed the buckle and attempted to rip it off. To my surprise, the buckle was actually a snap and the strap peeled away. As I pulled the revolver out, a sudden calm came over me, and I knew everything would be fine. I looked in the direction of Reed only to once again see the bear charging at me. He was about ten feet away coming up and over the initial log that I had tripped over. That was when I pointed the revolver and fired at center mass. The .44 magnum boomed in the night and the boar fell straight down, his head three feet away from where I stood. As he fell, he bit at the ground and ended up with a mouthful of sod. I stood in a dumbfounded stupor. I had no expectation that the pistol would kill the bear. My hope was that the shot would sting the bear and help scare him away along with the flame and loud report. As his head sagged to the ground, I shot him three more times in quick succession, out of fear and anger.

While not stated in the account, one of the pictures indicates the first, crucial shot, was to the center of the bear's chest. It might have continued on to hit the spine, resulting in the instant collapse of the bear. 

The pistol, from the picture and account, appears to be a Ruger stainless single action .44 magnum. This attack makes  29 pistol defenses against bears that I have found. Only one of them ended in failure.

The account is worth reading for anyone interested in the dynamics of bear attacks and the effectiveness of pistols for defense against bears.

Link to the account of the attack, The Longest Day.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

Followup TN: No Charges for Self Defense Shooting at Sing Law Restaurant in Frayser

MEMPHIS, Tenn. -- One man is dead after gunfire went off inside a Chinese restaurant in Frayser.

But police said the employee is not facing any charges for shooting and killing the man who tried to rob Sing Lay restaurant with a gun Monday night.

He was simply trying to defend himself, police said.
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