Wednesday, December 14, 2022

TX: Homeowner Shoots, Kills 1 of 2 Burglary Suspects

A homeowner in Houston shot and killed a suspected burglar, according to police.

Houston police said they are investigating the fatal shooting that happened around 3:45 a.m. Monday.

Officers responded to a report of a shooting, where they found an unresponsive woman in a ditch next to the roadway. Paramedics pronounced her dead on the scene.

 

More Here

Tuesday, December 13, 2022

November 2022 NICS Checks up, Firearm Sales Steady

Lines are for 2021,Bars are for 2022.

November of 2022 had the second highest number of National Instant background Check System checks for a November. Only November of 2020 had a higher number. The number of gun sales for November was the fourth highest on record, with about 1.49 million gun sales. Last year, 2021, edged out this year with 1.51 million sales, while 2020 had 1.92 million sales and 2016 had 1.62 million sales, as estimated using the FBI figures for gun sales from the NICS system.

In NICS, there are categories for long guns, handguns, other guns and multiple gun sales. The estimate of sales for the month is arrived at by adding the long gun, handgun, and other sales with 2.5 x the multiple sales figures. The estimate is consistent, and does not include NICS checks for permits or permit re-checks, which have come to dominate NICS in recent years. Of about 2.75 million checks total for November of 2022, Illinois permit checks and Kentucky permit rechecks total .717 million, over 25% of the total checks done! The permit checks and rechecks are not charged for by the federal government. The permit and permit rechecks are what are fueling the increases in overall NICS checks. Thus, the raw NICS numbers are not a reliable indicator of firearm sales.

The November sales figures bring the NICS gun sales to about 15.51 million so far in 2022. December is usually a good month for gun sales. This correspondent predicts 1.8 million firearms will be sold through the NICS system in December. It that happens, the total for 2022 will be 17.3 million firearms.

The war in Ukraine, international chaos, and domestic uncertainty fuel high firearm sales. Countering the trend for higher sales are a recession and inflationary costs of food and fuel.

Credible assertions of Twitter, Google, and Facebook placing their thumbs on the election scales in 2020 and 2022 fuel domestic uncertainty. Domestic chaos in the United States is a likely goal for our most dangerous, self proclaimed opponent, the Chinese Communist Party. Through TicToc and hundreds of thousands of influencers in the United States, they have considerable ability to  sway domestic public opinion and control events.

Firearms prices may rise due to inflationary pressures. However, firearms are durable goods. The vast majority of modern firearms are very well made, and will last for several lifetimes given any reasonable care.

The potential life of a stainless steel firearm with a composite stock, may be in hundreds of years. .22 rimfire firearms suffer very little wear, and can fire tens or hundreds of thousands of rounds before needing replacement parts.

Thus, a firearm is an heirloom purchase, which tends to keep pace and value with increasing inflation.

Similarly, modern ammunition has a shelf life measured in decades, perhaps a hundred years and more, if stored in a cool, dry environment. Storage can be facilitated by keeping the cartridges in sealed containers. Military ammunition cans are made for the purpose, and are usually available for a reasonable price.

In difficult times, cartridges are a valuable trade commodity, which may be more valued than gold or silver.

If 1.8 million firearms are sold in December of 2022, the total private stock will be estimated at 489 million firearms in the United States, rounded off to the nearest million.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.


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IL, Chicago: Armed Permit Holder returns fire, Wounds two

CHICAGO (WLS) -- A concealed carry holder shot two offenders during a possible attempted car theft early Saturday morning, Chicago police said.

Police are still investigating the attack as it joins the growing number of incidents where armed residents are shooting their alleged attackers to avoid becoming victims of a crime.

More Here

Monday, December 12, 2022

CA: Predatory Coyote Attack on 2-Year-Old Girl in Woodland Hills



On Friday, December 2, 2022, a father, Ariel Eliyahuo, and his two year old daughter, returned to their Woodland Hills home in Los Angeles, California. An average or smaller coyote can be seen approaching the two year old. It knocks the child down, then attempts to drag the girl off by her legs. Only the quick action of her father, who ran at the coyote, yelling, drove off the animal. The coyote did not leave the area until the father threw a water bottle at it.

The action fits very well as a predatory attack. Young children are reasonably close to the size of prey which a coyote would feel capable of taking down. As coyotes become comfortable with humans, and gain experience that humans are not a danger to them, they are much more likely to "test" small humans as potential prey.

The immigrant family is from Israel, and has lived in the area for three years:

For generations, coyotes were considered vermin and shot at or killed when the opportunity presented. This is a common reason farmers and ranchers would keep a rifle handy. A classic recognition of this was shown in the immensely successful movie "The Parent Trap". The scene was in California.  From The Parent Trap, 1961:

California is one of only five states which do not have a protection of the right to keep and bear arms in the state constitution. In the 1960's the state started making it harder and harder to bear arms. It is very difficult to be able to legally carry firearms anywhere in the state, including rural areas.

During the same period, tolerance of predators has climbed with the influence of urban centered media, with Disney taking the lead. Much urban media has  promoted anthropomorphism. Anthropomorphism is a way of thinking of animals as furry humans. As hunting of coyotes has decreased, fear of humans has also decreased, resulting in increasing numbers of coyote attacks. The attack on the two year old in Woodland  Hills was the seventh attack on a human by coyotes in Los Angeles this year. From ktla.com:

This year, there have been seven recorded coyote attacks on people throughout the Los Angeles area.

Opinion:

To prevent attacks on humans, there is a time-proven solution. When coyotes become too comfortable around humans, kill the coyotes. Other coyote pack members quickly learn the lesson: humans are dangerous. Avoid them.

 

 


 

PA: 72-Year-Old Shoots, Kills 22-Year-Old Home Invader

State Police out of Bedford said they received a call of a home invasion and assault along Shoups Branch Road in Liberty Township shortly after 3 a.m. Saturday. While on the phone with the 72-year-old male homeowner, they said the 911 call disconnected. When the call reconnected, there were reports of shots fired.

When police arrived, they found the alleged intruder, Dakota Hall, 22, of Huntingdon, with a gunshot wound. Police said Hall died of his injuries at the scene.


More Here

Sunday, December 11, 2022

IL: Woman with Carry Permit Shoots, Kills Man (Disarm attempt?)

Police say the woman who shot him is a concealed carry holder. The man, 38, and the woman, 44, were in the 8200 block of South Kedzie Avenue around 8:05 p.m. when the fight began. 


More Here

Saturday, December 10, 2022

The Supreme Court Second Amendment Decision in Bruen Gains Public Approval


 The Supreme Court decision made on June 22, 2022, restoring the protections of right to bear arms outside the home by the Second Amendment, has bounced back to what it was before the decision was announced.

On November 30, 2022, a Marquette University Law School poll was released showing the results of this question, from September of 2021 through September of 2022.

The question was:

Table 11: Favor or oppose ruling that Second Amendment protects right to possess a gun outside the home. Among those with an opinion.

There were five polls taken before the decision was released on June 22, and two taken after the decision was released, one during July 5-12, and one during September  7-14. 

Before the Supreme Court decision on Bruen, the average of the five polls was: 

Heard of and favor the decision: 65%

Heard of and oppose the decision: 35%

After the decision, the average results of the two polls was:

Heard of and favor the decision: 56.5%

Heard of and oppose the decision: 43.4%

Marquette does  not show any more polls on this question after September 14, 2022. 

A new question was formulated and used in a Marquette poll for the week of November 15-22, five months after the Bruen decision. The heading for the category was: J2: Expand 2nd Amendment.

The question was: 

[In 2022 the Supreme Court ruled that the 2nd Amendment right to “keep
and bear arms” protects the right to carry a gun outside the home.] How
much do you favor or oppose this decision?

The new question was for all respondents, whether they had heard of the decision or not.  28% of 1004 respondents had not heard of the case. The question divides the response into four categories instead of only two.  Here are the results from the Marquette table:

Strongly favor 36%

Somewhat favor 28% 

Total in favor 64%

Somewhat oppose 19%

Strongly oppose 16% 

Total oppose 36% 

The total in favor (64%) and total oppose (36%) are incredibly close to the opinions found before the decision (65%/35%). They are easily within the accuracy limits of the poll.

About twice as many people are in favor of the Bruen decision, which restored the Second Amendment protection of the right to bear arms outside the home, as are opposed to it. What happened in between? Why did the numbers briefly drop to 56.5%/43.5%?

Opinion:

The dominant media came out with a series of articles after the Bruen decision. The articles claimed the decision would lead to more violent crime. The Washington post published a "news"  article in the Outlook section by a advocate of arms restrictions, John Donahue, titled:  

 The Supreme Court’s gun decision will lead to more violent crime

The Outlook section was discontinued in September of 2022.  

It seems likely the onslaught of negative articles about the Bruen decision swayed some people. This could account for the 8-9% swing in opinion against the decision. 

Then, articles started appearing about the results of the decision. Articles showing lower courts using the decision to restore the right to carry on private property; the right to carry in public places; the right to bear arms for those under a mere indictment; or under a mere restraining order. Articles such as those might have had an effect.

It is possible those who had not heard of the decision were much more favorable than those who had heard of it. The latest poll included both those who had heard of the decision and those who had not.

The  right to keep and bear arms is a popular right.  In a poll done in April of 2021, about 73-74% of the those polled considered 

"the 2nd Amendment is one of our most important and cherished civil rights in the U.S. Constitution.”

The Second Amendment costs residents of the United States very little. The effect on violent crime seems to be very small, for or against.  It mostly has an effect on the attitude of the people who exercise it. If a person has the means to protect themselves,their family, and their community, they feel substantially less dependent on the government. 

Limited government power means they have power of their own.

Nothing proves the government is limited by the Constitution like a robust protection of the right to keep and bear arms.

With a mostly originalist/textualist Supreme Court for the first time in over 80 years, the rights protected by the Second Amendment are being restored.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.


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NV: Las Vegas Man Shoots Intruder

Pritchett said one of the squatters came in while he was on the phone with 911. He said he grabbed his gun and shot the person once.

“I was scared to death,” Pritchett said. “Nobody comes to my apartment without an invite, you know, I rarely have anybody.”

Pritchett recorded the aftermath and shared the video with 8 News Now, where you can see the person bleeding and denying breaking in. 


More Here

IL: Chicago Woman Shot with her own gun, Killed by Intruder

A woman was killed after being shot with her own gun by a home invader early Wednesday on the South Side.

Police say the 22-year-old victim was inside her home in the 9400 block of South St. Lawrence Avenue around 3:18 a.m. when a woman she did not know got inside and the two began to argue. 

The victim, who is a CCL holder, had her weapon taken by the home invader and was shot once in the chest.

More Here

Friday, December 09, 2022

Judge Benitez acts to Uphold both First and Second Amendment Protections, Again

Senior Judge Rodger T. Benitez 

On July 22, 2022, Governor Gavin Newsom signed into law California Senate bill 1327. The bill applied fee-shifting in cases where civil rights litigants filed lawsuits challenging California firearms law.  In essence, if the plantiffs filing the lawsuit did not win every part of a case against the state, the plaintiffs would be required to pay all the State's costs. In the unlikely case where the plaintiffs won every part of their suit, they are not awarded any costs they have incurred.

On September 26, 2022, a number of plaintiffs filed suit against the state, claiming the bill violates the Supremacy Clause, the First Amendment, and the Equal Protection Clause of the United States Constitution.  From the complaint:

1. Plaintiffs bring this suit to challenge the constitutionality of a recently enacted California law that seeks to suppress firearms-related litigation by putting civil rights litigants and their attorneys on the hook for the government’s attorney’s fees and costs if a case results in anything short of total victory for plaintiffs on every claim alleged in a complaint.

2. On July 22, 2022, Governor Newsom signed into law Senate Bill 1327, which includes a one-way fee-shifting penalty in the government’s favor that applies solely to litigation challenging state and local firearm regulations. 2022 Cal. Stat. ch. 146, § 2 (adding Code Civ. Proc. § 1021.11(a)). In simple terms, Section 1021.11enables government defendants to recover fees if a firearms plaintiff loses on any claim in the case, while the plaintiff can only avoid liability for fees if it prevails on every claim in the case. Firearms plaintiffs, moreover,cannot be “prevailing parties” under Section 1021.11, meaning they are never entitled to fees.

Many of the ongoing challenges to California firearms law in federal court are directly implicated and endangered. As the law is worded, challenges which have been in the legal system for many years, which have already been all the way to the Supreme Court, and now remanded to the Ninth Circuit, could be rendered moot by the fear of plaintiffs of financial ruin under the new law.

In court, California Attorney General Rob Bonta claimed the lawsuit was moot, because he would not enforce the law if a Texas abortion law were ruled unconstitutional. Judge Benitez did not find the argument convincing. One state may not threaten to destroy its residents Constitutional rights as a way to extort another state to change their law, even if the first state considers the other state to be in violation of the Constitution.

The Defendant Attorney General said he would not enforce the law after the lawsuit was filed.

On December 1, 2022, Judge Benitez issued an order for the case to continue.

From the order:

Plaintiffs seek injunctive relief from a newly-enacted California state law adding an attorney’s fees and costs shifting provision codified at California Code Civ. Procedure § 1021.11. Fee shifting provisions are not unusual in American law. But this one is.1

Here is footnote 1, explaining how the fee shifting provisions are unusual.

1(a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, a governmental entity or public official in this state, or a person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts firearms, or that represents any litigant seeking that relief, is jointly and severally liable to pay the attorney’s fees and costs of the prevailing party.(b) For purposes of this section, a party is considered a prevailing party if a court does either of the following:

The provisions are, in sum, essentially any situation in which any action sought by the plaintiffs, defined as anyone or their attorneys or law firms who oppose any firearms law in court, are denied by a judge.

This provision applies only to suits challenging a law that regulates or restricts firearms. And while the provision entitles a prevailing party to be awarded its attorney’s fees and costs, by the statute’s definition, a plaintiff cannot be a prevailing party. It has not yet, but the American Bar Association might want to intervene on Plaintiffs’ side because the provision remarkably also makes attorneys and law firms that represent non-prevailing plaintiffs jointly and severally liable to pay defense attorney’s fees and costs.

The law already appears to have had a chilling effect on the ability to protect the exercise of rights defended by the  Second Amendment. Defense Distributed agreed to drop the case it had filed against California in exchange for immunity from the claims arising due to California Code Civ. Procedure § 1021.11.

Judge Benitez ordered the parties to the lawsuit (or their representatives) to appear in court on December 16, 2022.

A hearing on the motion for preliminary injunction will be combined with a trial on the merits on December 16, 2022. Defendants may file a supplemental brief seven days before the hearing. Plaintiffs may file a reply brief three days before the hearing.

Opinion:

The Attorney General's appeal to moot the case, by claiming he will not enforce the new law, implies he knows this law directly violates United States Constitutional protections.

Claiming the California law is a direct response to the Texas abortion law is a variation of the old "Jimmy made me do it" children's defense. Two wrong laws do not make a right law.

The public should learn more on December 16, or shortly thereafter.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


LA: Gunfight, Iberia Parish, Homeowner and Intruders, 1 Intruder Killed

IBERIA PARISH, La. (KLFY) — One person is dead and two others are wanted fugitives after a homeowner shot and killed a man in an attempted home invasion Tuesday night, authorities said.

The Iberia Parish Sheriff’s Office said Wednesday deputies responded to a call at about 10:30 p.m. Tuesday in the 9000 block of Old Jeanerette Road. Upon arrival deputies found a deceased male inside the home.

 

More Here

GA: Suspect Pistol Whips Employee at Warner Robbins Restaurant, is Shot, Killed

In a media release, the Warner Robins Police Department says officers were called to American Philly and Wing on Watson Blvd. just before 9:45 p.m. Monday. Investigators say the business owner and witnesses told officers a man, later identified as 23-year-old Joshua Hickey, of Warner Robins, tried to rob the restaurant. They say Hickey pistol-whipped the victim inside. After that, investigators say the victim produced a gun, and shots were fired. That's when Hickey left the store and was later found by police in the area on Vernon Drive. Hickey was taken to the hospital with gunshot wounds and later died.

 

More Here

Thursday, December 08, 2022

California: Domestic Defense, Police : Shooter of Estranged Husband likely Justified


At about 4 p.m. on Sunday, November 20, 2022, an enraged, estranged husband (38-year-old Kenneth Krainski) attacked a man who was romantically involved with his estranged wife. According to the police, the situation was a domestic dispute, where the estranged husband went to the defenders apartment, in Dublin, California, in the 7100 block of San Ramon Road. From SFChronicle.com:

Krainski — described by police as an “estranged husband” — got into an altercation with his wife at the apartment complex and was shot by a second man, according to the initial release.

The woman and the second man were involved in a romantic relationship and inside the apartment when Krainski went to the residence unannounced, Dublin police told KRON TV. The second man — who legally owned a gun — reportedly had not met Krainski before the incident.

None of the reporting on the incident indicates Krainski broke into the apartment. It is inferred one of the couple at the apartment answered the door and let Krainski inside, although that is not mentioned.  The man who shot Krainski says he was being hit with a baseball bat when he was able to access his shotgun and shoot the enraged, estranged, husband. From mercurynews.com:

The man was in a relationship with a woman who was also at the apartment, when Krainski, the woman’s estranged husband, showed up unannounced, police said. The two men did not know each other, police said.

Police still have not said how Krainski knew the woman was at the apartment.

Krainski had a baseball bat with him and began hitting the man who lives at the apartment, police said.

The man, fearing for his life, was able to get a shotgun and shoot Krainski, police said. Krainski died at the apartment.

The reporting tells us the two men did not know each other. The question remains: Did the man who had to defend himself know the woman was married?

It is not uncommon for men to get involved with married women without knowing their married status.

Kron4.com reports the shotgun was legally owned. Most guns in the United States are legally owned. The default assumption should be guns are legally owned. 

The resident was treated at the scene for his baseball bat injuries.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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VA: Homeowner Struggles with Intruder, Fatally Shoots Suspect

Members of the Grayson County Sheriff’s Office responded to a home invasion that resulted in a fatal shooting this morning around midnight. Deputies Eric Jones & Jordan Rice were the first to arrive on scene at 1097 Mt Zion Road in Elk Creek. Deputies detained the homeowners while the scene was searched and made safe. The intruder gained access to the residence by breaking out a bedroom window. The homeowner was retrieving a handgun from the same bedroom when the intruder grabbed the homeowner from behind. A struggle ensued and both men went to the floor. The homeowner was able to fire two shots killing the intruder. Investigators worked through the night processing the scene and interviewing witnesses. 
 

More Here

Wednesday, December 07, 2022

MT: Choteau Bear Attack stopped with Shotgun, 10mm Handgun

 Image of grizzly bear  by Troy Nemitz, used with permission.

 On October 11, 2022, a Washington State resident and his wife were hunting birds on block grant land near a creek bottom, with their dogs, near Choteau, Montana. They were charged by a large grizzly bear boar. The 51 year old doctor was hit by the bear and his lower leg was broken. The doctor defended himself with his shotgun and his sidearm, a 10 mm pistol.

Block grant land in Montana is privately owned land which the landowner has signed a contract with the Montana Department of Fish Wildlife and Parks (FWP). The contracts vary, but provide access for hunting and other activities on private land, for which the landowner is paid a fee. Some blocks require reservations; others merely have a sign in sheet. This block only required users to sign in.

A representative of Montana FWP was kind enough to supply details beyond what was given in the press release.

While hunting, at about 1 p.m., the couple's dogs went on point, indicating the presence of a bird. Pheasants, sharp tailed grouse, and Hungarian partridges all have breeding populations in the area.

The husband started to approach the area of the creek bottom where the dogs were pointing. This is the common practice while hunting birds with dogs. The bird or birds are flushed, providing a sporting shot for the hunter.

The wife got out her phone and laid down her Benelli semi-auto 12 gauge shotgun to video the incident. The husband saw some brown in the brush, which he thought was a porcupine. Porcupines are common in the area. He stepped forward and a large boar grizzly erupted from the creek bottom coming directly at him.

He fired one shot with his shotgun before the bear bowled him over, breaking his lower leg, then continuing past him. It appears his shotgun went flying. As the bear spun around, the doctor was able to draw his 10mm pistol. The bear headed back toward the doctor and the creek bottom, passing the doctor within a few yards. The doctor fired one shot, thinking he hit the bear near the "armpit" of a front leg, as the bear moved past him.

The video from the wife's cell phone only showed their dogs, then either sky or ground. It did not capture the bear.

The couple contacted the authorities. They were transported to the hospital where the husband was treated and released. A team of about eight federal, state, and local authorities assembled to investigate the situation and find the bear, which they assumed was wounded.  A drone was used to search for the bear. When found, it was obviously wounded and in distress. The decision was made to put it down.

It appears the bear moved when the team approached. Most participants opened up with a variety of firearms. The bear was quickly dispatched with dozens of shots. Because there were dozens of bullet holes in the bear, no necropsy was done. The bear was weighed at 677 lbs, in moderately good condition. This was a large inland grizzly bear boar.

It was not determined if only the shotgun or the 10mm impacted the bear, or both.

From my experience hunting upland birds, an experienced hunter is able to hit small, moving, targets at close range very quickly with a shotgun, in a fraction of a second. At under 5 yards bird shot can be deadly on large game. It acts much like a pre-fragmented slug. Several grizzly bear attacks have been stopped by bird hunters armed with shotguns and bird shot.

Similarly, the 10mm has a good record for stopping grizzly bear attacks.

If the Doctor hit the bear in the "armpit" with a 10 mm, the bullet would have an excellent chance of penetrating the thoracic cavity.  Such a shot would likely result in death. If only one lung were penetrated, and the heart and major arteries missed, death would come eventually, if not quickly.  It would make for a very sick bear.

As the doctor was only able to fire one shot with the shotgun, it is likely the bear contacted him less than two seconds after being recognized as a threat by the doctor. Followup shots are common and fast while hunting birds, often in a fraction of a second.

Opinion:

This case shows the advantage of having a firearm out and ready. While the doctor was not expecting a bear, his long practice and familiarity with his shotgun, ready to fire in an instant at a flushing bird, served him well. While the bear contacted him and broke his lower leg, the bear was, almost certainly, sufficiently wounded it continued on and did not attempt to renew the attack.

It shows the utility of having a holstered sidearm. When hit, it appears the long-gun (shotgun) went flying. This happens with some frequency during bear attacks. The doctor was able to draw his handgun and re-engage the bear. He had reason to believe the bear would renew the attack. The boar had already charged him and broken his leg, without provocation.

There are many cases where bears temporarily leave the scene of an attack, then return and renew the attack.

Everything happened so quickly, the wife was not able to react fast enough to pick up her shotgun and engage the bear.

Bears which are aggressive toward humans should be removed from the gene pool.

The relative small number of bears which are aggressive toward humans in a given year are not enough to make a significant difference in even the grizzly bear population.

In the Choteau, Montana area, most grizzly bears are careful to avoid contact with humans.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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WA: Jury Finds Villalobos-Deming Not Guilty of Killing of Hiram Figueroa, by Reason of Self Defense

Jurors last month determined David Villalobos-Denning fired in self-defense when he fatally shot a man in an Auburn park, making him one of at least three people to be found not guilty of murder this year in King County.

Villalobos-Denning, who was found guilty of a firearms charge in the 2020 killing of Hiram Figueroa, was released Friday after spending nearly 2 ½ years in jail. His acquittal comes as rising numbers of people are using guns to settle disputes, officials say, and the standard of legal self-defense continues to evolve. 

 

More Here

IL: Chicago. Armed Resident shoots 2 of 4 person Robbery Crew


Then, at 5:53 a.m., the stolen Kia that was used in some of the robberies rolled up on a man who was inside his vehicle on the 4700 block of West Arthington in the Austin neighborhood.

Three men got out, and one of them pointed a firearm at the man while demanding his belongings, according to a Chicago police statement. The would-be victim, who is a licensed concealed carry holder, drew his weapon and fired several rounds, striking the driver of the getaway car in the temple and another robber in the shoulder, according to police.

The stolen car traveled a short distance, then crashed, causing a passenger in its back seat to suffer a broken leg, the CPD statement said.

 

More Here

Tuesday, December 06, 2022

GA: Three Shot, One Killed During Home Invasion


On November 25, a little after 5 p.m., four people attempted to break into a home at 2771 Gresham Road of Dekalb County, Georgia. 

According to police, there were several people inside the home. At lest one of them responded to the break-in with gunfire. When the police arrived, they found Taneaious McCune, 18 with a gunshot wound which, despite the efforts of first responders and hospital staff, was fatal.  Jaxqueze Greier 23 suffered a gunshot wound and was critically injured, but survived. A 15 year old boy, found at the scene, was also critically injured but is recovering at the hospital. Telvin Thomas 30, arrived at the hospital later and was linked to the incident. His gunshot wound was not life threatening. 

Associated Press reported there were at least four people inside the home, and says only one suspect exchanged gunfire with one person inside the home.    From AP:

Police say at least four people were inside the home at the time of the break-in. One of the suspects and a man exchanged gunfire. Officials say the shooting appears to be justified and no charges are expected.

WSBTV 2 in Atlanta goes into more detail. From wsbtv.com

Officers found Jacqueze Grier, 23, Taneaious McCune, 18, and a 15-year-old outside the home with gunshot wounds. A fourth person, 30-year-old Telvin Thomas, also was shot. Police said the four of them tried to break into a home. The suspects and one of the men inside the home exchanged gunfire.

Police said no charges are expected against the homeowner. Grier, Thomas and the 15-year-old faces felony murder charges in McCune’s death.

The WSBTV article specifically says the homeowner will not be charged. It is likely the homeowner was the person who fought back against the home invasion.

No makes, models or calibers of the firearms used are mentioned.

The felony murder charges against the three survivors are reasonable under the laws of most states. From justia.com

The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.

In this article previously published on Ammoland in 2018, there were four states which did not have the felony murder rule. They were:   Hawaii, Delaware, Kentucky, and Michigan.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.


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OH: Jury Finds Georgia Jackson Not Guilty in Murder Trial because of Self Defense

During one of those trips, Webster’s vehicle blocked Jackson’s vehicle and Webster exited her vehicle and reportedly “attempted to assault the defendant with an object,” the defense wrote. “During this final attempted assault, the defendant, a licensed CCW carrier, invoked her right to self-defense and defense of another.”

The Montgomery County Prosecutor’s Office released a statement: “The shooting death of Ashley Webster by the defendant was fully investigated and the police believed this to be a case of murder. At trial, the defendant claimed self-defense and was found not guilty by the jury.”

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AZ: Phoenix Shooting was Self Defense

An argument in a neighborhood near Bell Road and 32nd Street ended with a man being shot and killed on Friday, Phoenix police said.

Investigators say the shooter was defending himself when he killed 45-year-old Jorge Rodriguez, and he was not arrested.

More Here